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TABLE OF CONTENTS 

VOLUME 10 



TITLE 35 
WAR VETERANS AND PENSIONS 

CHAP. BEGINNING 

SECTION 

1 . State Veterans Affairs Board 35-1-1 

3. War Veterans; Miscellaneous Provisions 35-3-1 

5. Guardianship of Veterans 35-5-1 

7. Veterans' Home Purchase Law 35-7-1 

9. Pensions [Repealed] 35-9-1 



TITLE 37 
EDUCATION 

1 . State Board of Education 37-1 -1 

3. State Department of Education 37-3-1 

4. State Board for Community and Junior Colleges .... 37-4-1 

5. County Boards of Education and Superintendents . . . 37-5-1 

6. Mississippi Uniform School Law 37-6-1 

7. School Districts; Boards of Trustees of School 

Districts 37-7-1 

9. District Superintendents, Principals, Teachers and 

Other Employees 37-9-1 

1 1 . General Provisions Pertaining to Education 37-1 1-1 

13. Curriculum; School Year and Attendance 37-13-1 

14. Mary Kirkpatrick Haskell-Mary Sprayberry Public 

School Nurse Act of 2007 37-14-1 

15. Public Schools; Records, Enrollment and Transfer of 

Pupils 37-15-1 

16. Statewide Testing Program 37-16-1 

17. Accreditation of Schools 37-17-1 

18. Superior-Performing, Exemplary and Priority Schools 

Programs 37-1 8-1 

19. Minimum Program of Education . 37-19-1 

20. Remedial Education 37-20-1 

21. Early Childhood Education Program 37-21-1 

22. State Funds for School Districts 37-22-1 

23. Exceptional Children 37-23-1 

25. Driver Education and Training 37-25-1 



CHAP. BEGINNING 

SECTION 

26. State Court Education Fund 37-26-1 

27. Agricultural High Schools 37-27-1 

28. Charter Schools 37-28-1 

29. Junior Colleges 37-29-1 

31 . Vocational Education 37-31 -1 

33. Civilian Vocational Rehabilitation 37-33-1 

35. Adult Education 37-35-1 



TITLE 37 — Continued in Volume 10A 



Digitized by the Internet Archive 
in 2013 



http://archive.org/details/govlawmscode197210 



MISSISSIPPI CODE 
1972 



ANNOTATED 

ADOPTED AS THE OFFICIAL CODE OF THE 

STATE OF MISSISSIPPI 

BY THE 

1972 SESSION OF THE LEGISLATURE 



VOLUME TEN 

WAR VETERANS AND PENSIONS; 
EDUCATION 

§§ 35-1-1 to 37-35-13 



CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI 

TO THE END OF THE 2007 REGULAR LEGISLATIVE SESSION 

AND 1ST EXTRAORDINARY SESSION 



LexisNexis' 



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Copyright © 1973—2007 

by 

THE STATE OF MISSISSIPPI 



All rights reserved. 



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of Reed Elsevier Properties Inc., used under license. Matthew Bender is a registered trademark 

of Matthew Bender Properties Inc. 



4453812 



ISBN 1-422-43901-1 (Volume 10) 
ISBN 0-327-09628-4 (Code set) 




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(Pub.44510) 



PREFACE 

The Mississippi Code of 1972, which became effective on November 1, 
1973, is the culmination of nearly four years of effort on the part of the 
Legislature, the Attorney General's office and the publishers, which brings 
together provisions of general statutory law having a common subject matter 
into a more orderly and logical framework of code titles and chapters, and 
employing a modern and effective section numbering system. A major by- 
product of the code revision will be the state-owned magnetic computer tape 
containing the Mississippi Code of 1972, which will be of invaluable assistance 
to the Legislature and to the state. 

The enabling act for the code was a recommendation of the Mississippi 
State Bar, which resulted in the consideration and passage of Senate Bill 1964, 
Chapter 465, Laws of 1970, signed into law by Governor John Bell Williams. 

The Code Committee provided for in that act was comprised of A. F. 
Summer, Attorney General, Heber Ladner, Secretary of State, Representative 
Edgar J. Stephens, Jr., Chairman, House Appropriations Committee, Senator 
William G. Burgin, Jr., Chairman, Senate Appropriations Committee, Repre- 
sentative H. L. Meredith, Jr., Chairman, House Judiciary "A" and Judiciary en 
banc Committees, Senator E. K. Collins, Chairman, Senate Judiciary "A" and 
Judiciary en banc Committees, Representative Ney McKinley Gore, Jr., 
Chairman, House Judiciary "B" Committee, and Senator William E. Alexander, 
Chairman, Senate Judiciary "B" Committee. In 1972, Representative Marby 
Robert Penton and Senator Herman B. Decell, Chairman of House and Senate 
Judiciary "B" Committees, respectively, became members of the Committee, 
replacing Representative Gore and Senator Collins, Senator Alexander having 
been appointed Chairman of Senate Judiciary "A" and Judiciary en banc 
Committees. The Deputy Attorney General, Delos H. Burks, served the Code 
Committee as Secretary. Special Assistant Attorney General Fred J. Lotterhos, 
under the supervision of the Attorney General, was assigned the principal 
responsibility for the supervision of the recodification, including the consider- 
ation and treatment of some 16,000 sections of code manuscript. 

Final legislative approval was given to the Mississippi Code of 1972 by 
passage of Senate Bill 2034, Laws of 1972, which was signed by Governor 
William L. Waller on April 26, 1972. A copy of that act is set out in Volume 1, 
following the Publisher's Foreword. 

The Code Committee is of the opinion that the recodification has been 
thoroughly and well accomplished, and will result in a greatly improved 
repository of the general statutory law of the state. 

A. F. Summer 
Attorney General 



hi 



PUBLISHER'S FOREWORD 

This 2007 Replacement Volume 10 of the Mississippi Code of 1972 
Annotated represents material appearing in the original 1973 bound volume, 
the 1996 Replacement Volume 10, and the 2001 Replacement Volume 10, as 
well as reflecting amendments, repeals, and new Code provisions enacted by 
the Mississippi Legislature through the 2007 Regular and 1st Extraordinary 
Legislative Sessions. 

This volume contains the full text of Title 35, and Chapters 1 through 35 
of Title 37, of the Mississippi Code of 1972 Annotated, as amended through the 
2007 Regular and 1st Extraordinary Legislative Sessions. 

Case annotations are included based on decisions of the State and federal 
courts in cases arising in Mississippi. Many of these cases were decided under 
the former statutes in effect prior to the enactment of the Code of 1972. These 
earlier cases have been moved to pertinent sections of the Code where they 
may be useful in interpreting the current statutes. Annotations to collateral 
research references are also included. 

To better serve our customers by making our annotations more current, 
LexisNexis has changed the sources that are read to create annotations for this 
publication. Rather than waiting for cases to appear in printed reporters, we 
now read court decisions as they are released by the courts. A consequence of 
this more current reading of cases, as they are posted online on LexisNexis, is 
that the most recent cases annotated may not yet have print reporter citations. 
These will be provided, as they become available, through later publications. 

This publication contains annotations taken from decisions of the Missis- 
sippi Supreme Court and the Court of Appeals with decision dates up to June 
7, 2007, and decisions of the appropriate federal courts with decision dates up 
to April 24, 2007. These cases will be printed in the following reporters: 

Southern Reporter, 2nd Series 

United States Supreme Court Reports 

Supreme Court Reporter 

United States Supreme Court Reports, Lawyers' Edition, 2nd Series 

Federal Reporter, 3rd Series 

Federal Supplement, 2nd Series 

Federal Rules Decisions 

Bankruptcy Reporter 

Additionally, annotations have been taken from the following sources: 

American Law Reports, 6th Series: 
American Law Reports, Federal Series: 
Mississippi College Law Review 

Mississippi Law Journal 

Finally, published Opinions of the Attorney General and opinions of the 
Ethics Commission have been examined for annotations. 



Publisher's Foreword 

A comprehensive Index appears at the end of this volume. 

Visit the LexisNexis website at http://www.lexisnexis.com for an online 
bookstore, technical support, customer support, and other company informa- 
tion. 

For further information or assistance, please call us toll-free at (800) 
833-9844, fax us toll-free at (800) 643-1280, e-mail us at 
customer.support@bender.com, or write to: Mississippi Code Editor, 
LexisNexis, P.O. Box 7587, Charlottesville, VA 22906-7587. 

August 2007 LexisNexis 



VI 






User's Guide 

This guide is designed to help both the lawyer and the layperson get the 
most out of the Mississippi Code of 1972 Annotated. Information about key 
features of the Code and suggestions for its more effective use are given under 
the following headings: 

— Advance Code Service 

— Advance Sheets 

— Amendment Notes 

— Analyses 

— Attorney General Opinions 

— Code Status 

— Comparable Legislation from other States 

— Court Rules 

— Cross References 

— Editor's Notes 

— Effective Dates 

— Federal Aspects 

— Index 

— Joint Legislative Committee Notes 

— Judicial Decisions 

— Organization and Numbering System 

— Placement of Notes 

— Replacement Volumes 

— Research and Practice References 

— Source Notes 

— Statute Headings 

— Tables 

If you have a question not addressed by the User's Guide, or comments 
about your Code service, you may contact us by calling us toll-free at (800) 
833-9844, faxing us toll-free at (800) 643-1280, e-mailing us at 
customer.support@bender.com, or writing to Mississippi Code Editor, 
LexisNexis, P.O. Box 7587, Charlottesville, VA 22906-7587. 

ADVANCE CODE SERVICE 

Three times a year, at roughly quarterly intervals between delivery of 
Code supplement pocket parts, we publish the Mississippi Advance Code 
Service pamphlets. These pamphlets contain updated statutory material and 
annotations to Attorney General opinions, research and practice references, 
and recent court decisions construing the Code. Each pamphlet is cumulative, 
so that each is a "one-stop" source of case notes updating those in your Code 
bound volumes and pocket parts. 

ADVANCE SHEETS 

The Advance Sheets consist of a series of pamphlets issued in the spring. 
The series reproduces the acts passed by the Mississippi Legislature and 

vii 



User's Guide 

approved by the Governor during the legislative session. Features include 
tables showing the impact of legislation on sections of the Mississippi Code of 
1972 Annotated, and a cumulative index. These pamphlets enable the user to 
receive a preview of approved legislation prior to supplement availability, and 
serve as an excellent source of legislative history. 

AMENDMENT NOTES 

Every time a Code provision is amended, we prepare a note describing the 
effect of the amendment. By reading the note, you can ascertain the impact of 
the change without having to check the former statute itself. 

Amendment notes are retained in the Supplement until the bound volume 
is replaced, at which time notes from all but the last two years are deleted. 

ANALYSES 

Each title, chapter, and article appearing in a bound volume or supple- 
ment is preceded by an analysis. The analysis details the scope of the title, 
chapter, and article and enables you to see at a glance the content of the title, 
chapter, and article without resorting to a page-by-page examination in the 
bound volume or supplement. 

ATTORNEY GENERAL OPINIONS 

Opinions of the Attorney General for the state of Mississippi have been 
read for constructions of Mississippi law. Notes describing the subject matter 
of the opinions have been placed under relevant Code provisions under the 
heading "Attorney General Opinions." The citation at the end of each note 
refers to the person requesting the opinion, the date of the opinion, and the 
opinion number. 

CODE STATUS 

The Mississippi Code of 1972 Annotated is Mississippi's official code and is 
considered evidence of the statute law of the State of Mississippi (see § 1-1-8). 
The Code was enacted by Chapter 394 of the Laws of 1972, which was signed 
by the Governor on April 26, 1972. 

The text of Chapter 394 is printed in Volume 1, on the pages following the 
Publisher's Foreword. In addition, Title 1, Chapters 1 through 5 of the Code 
contain statutes governing the status and construction of the Code. 

COMPARABLE LEGISLATION 
FROM OTHER STATES 

Notes to comparable legislation from other states appear for uniform laws, 
interstate compacts, statutory provisions pertaining to reciprocity and cooper- 

viii 



User's Guide 

ation with other states, and various important statutes of general interest. 
Other states' statutes that are similar in subject matter and scope to those of 
Mississippi are cited, generally, under the first section of the chapter or article 
to which they pertain. Occasionally, comparable legislation pertains to only 
one section, in which case it is cited under that section rather than at the 
chapter or article level. 

See also Federal Aspects. 

COURT RULES 

The Mississippi Court Rules are published separately by LexisNexis in a 
fully annotated softcover volume which is replaced annually and supple- 
mented semi-annually. 

The Court Rules volume contains statewide rules of procedure of the state 
courts, the local rules of the United States district courts and bankruptcy 
courts for Mississippi, and the rules of the United States Court of Appeals for 
the Fifth Circuit. Rules are received from the courts and edited only for 
stylistic consistency. For further information, see the Preface to the Mississippi 
Court Rules volume. 

CROSS REFERENCES 

Cross references refer you to notes under other Code sections, that may 
affect a law or place it in context. Cross references also are used under repealed 
provisions to refer you to an existing law on a similar subject. Cross references 
do not cite all related statutes, however, since these can be identified by using 
the General Index. 

See also Comparable Legislation from other States and Federal Aspects. 

EDITOR'S NOTES 

Editor's notes are notes prepared by the Publisher that contain informa- 
tion about important or unusual features of a law, or special circumstances 
surrounding passage of the law, that are not apparent from the law's text. 

See also Effective Dates. 

EFFECTIVE DATES 

Absent a specific effective date provision within an act, Mississippi laws 
generally take effect upon approval date, which is the date the act is signed 
into law by the Governor. Acts affecting voting rights and procedures take 
effect on the date the United States Attorney General interposes no objection 
under § 5 of the Voting Right Act of 1965. 

ix 



User's Guide 

FEDERAL ASPECTS 

Notes to federal legislation that is similar in subject matter and scope to 
the laws of Mississippi are referenced throughout the Code. In addition, the 
Code contains the United States Code Service citation for any federal law that 
is referred to in a Mississippi statute by its popular name or by its session law 
designation. 

See also Comparable Legislation from other States. 

INDEX 

The Code is completely indexed in two softcover Index volumes, which are 
updated and replaced annually. In addition, each volume of the Code is 
followed by its own index. As accurate and thorough as the Index is, your best 
defense against index wild goose chases is familiarity with indexing tech- 
niques. To that end, an explanatory Foreword to the Index appears in the first 
Index volume. 

JOINT LEGISLATIVE COMMITTEE NOTES 

Joint Legislative Committee notes are included in the Code to describe 
codification decisions made by the Mississippi Joint Legislative Committee on 
Compilation, Revision and Publication of Legislation. Examples of Committee 
actions that warrant the inclusion of a note are the integration of multiple 
amendments to a single Code section during the same legislative session, and 
the correction of typographical errors appearing in the Code. 

JUDICIAL DECISIONS 

Every reported case from the Supreme Court of Mississippi, the Court of 
Appeals of Mississippi, federal district courts for Mississippi, the federal Fifth 
Circuit Court of Appeals and the United States Supreme Court has been read 
for constructions of Mississippi law. These constructions are noted under 
pertinent sections of the statutes or Mississippi Constitution provisions, under 
the heading "Judicial Decisions." Where a decision has been reviewed by a 
higher court, subsequent judicial history and disposition is noted in the case 
note if such disposition has any bearing on the annotated material. Where two 
or more decisions state the same rule of law, the case citations are cumulated 
under one case note. 

Case notes are grouped together under headings called "catchlines." The 
catchlines identify the basic subject matter of the case notes and assist the user 
in locating pertinent notes. Catchlines are numbered and arranged themati- 
cally, with "In general" first. Where there are two or more catchlines, an 
analysis, listing all the catchlines, precedes the annotations. 

Frequently, statutes carry notes to cases that arose under earlier laws on 
the same subject. Case notes are retained so long as the editor believes the note 



User's Guide 

will have some relevance under current law, though of course the relevance 
may be diminished by later changes in the law. These case notes appear under 
the heading "Decisions under former law." 

ORGANIZATION AND NUMBERING SYSTEM 

The Code is organized by titles, chapters, articles, subarticles, undesig- 
nated centered headings and sections. Analyses at the beginning of each title, 
chapter, article, and subarticle help you understand the internal arrangement 
of each Code unit (see Analyses). 

Odd numbers are generally used for the numbering of titles, chapters and 
sections. Even numbers have been used for some chapters and sections so that 
a particular new chapter or section might be logically placed with other 
chapters and sections dealing with the same or similar subject matter. 
Similarly, the use of numbers with decimal points has been used for some 
sections in order that they may be inserted among other sections pertaining to 
the same subject. 

The title, chapter, and section for each Code section is revealed by its 
section number. Thus, in the designation "§ 1-3-65," the first digit ("1") means 
the provision is in Title 1 ("Laws and Statutes"); the second ("3") indicates 
Chapter 3 ("Construction of Statutes"); and the last two digits ("65") mean the 
65th section in that chapter ("Construction of terms generally"). 

Articles and subarticles are not reflected by section number designations. 

Within sections, subsections and paragraphs usually are designated 
following this pattern: (l)(a)(i)l. or (l)(a)(i)A. A distinctive indention scheme is 
applied to suggest the relative value of each unit within this hierarchy. 

PLACEMENT OF NOTES 

Where a note pertains to a single statute section, it will of course be set out 
following that section. In many instances, however, a note applies equally to 
several statute section or to an entire chapter or article. If the pertinent 
sections are scattered, or few in number, the note will be duplicated for each 
section. But where the note applies to all or most of the sections in a chapter 
or article, we prevent the space-consuming repetition of notes by placing the 
note at the very beginning of the chapter or article. Look for these unit-wide 
notes between the title, chapter, or article analysis and the first section in that 
unit. 

REPLACEMENT VOLUMES 

The Code is periodically updated and streamlined by the replacement of 
volumes. Although a current set of the Code contains all currently applicable 
statutes, we encourage you to retain replaced volumes and their supplement 
pockets parts for historical reference. 

xi 



User's Guide 

RESEARCH AND PRACTICE REFERENCES 

Citations to references in American Jurisprudence, American Jurispru- 
dence Pleading and Practice, American Jurisprudence Proof of Facts, Ameri- 
can Jurisprudence Trials, American Law Reports, First through Sixth Series, 
ALR Federal, Corpus Juris Secundum, various other treatises and practice 
guides, and Mississippi law journals are given under this heading, wherever 
the references appear to discuss the statute under which the citation appears, 
or a topic related to the statute. These citations are intended only to give you 
a starting point for your library research. The Mississippi law journals include 
Mississippi Law Journal and Mississippi College Law Review. 

SOURCE NOTES 

Each section of the Code is followed by a brief note showing the acts of the 
legislature on which it is based, including the act that originally enacted the 
section and any subsequent amendments. 

The source note follows the section text, preceding any other annotations 
for the section. Information in the source note is listed in chronological order, 
with the most recent information listed last. If a section has been renumbered, 
the former number will appear in the source note. References to comparable 
provisions in statutes also are listed. 

The tables volume should also be consulted when researching the history 
of a statutory section, since it contains cross reference tables that provide a 
statutory citation for each section of the session laws and the date each act 
went into effect. 

STATUTE HEADINGS 

Headings or "catchlines" for Code sections and subsections are generally 
created and maintained by the publisher. They are mere catchwords and are 
not to be deemed or taken as the official title of a section or as a part of the 
section. Your suggestions for the improvement of particular catchlines are 
invited. 

TABLES 

The Mississippi Code of 1972 Annotated contains several tables that can 
assist you in your research. These are published in the Statutory Tables 
volume of the Code, and include the following: 

• Sections of the Code of 1930 carried into the Code of 1942. 

• Sections of the Code of 1942 carried into the Code of 1972. 

• Allocation of Acts of Legislature, 1931 — 1972. 

• Allocation of Acts of Legislature, 1972 — present. 

xii 



User's Guide 

• Consolidated Tables of amendments and repeals of 1942 Code sections. 

• Consolidated Tables of amendments and repeals of 1972 Code sections. 



xm 



GENERAL OUTLINE OF TITLES 
AND CHAPTERS 



Constitution of the United States 
Constitution of Mississippi 



Volume 1 
Volume 1 



Chapter 



TITLE 3. 

Chapter 



Chapter 



Chapter 



Chapter 



TITLE 1. LAWS AND STATUTES 

Beginning 
Section 

1. Codeofl972 1-1-1 

3. Construction of Statutes 1-3-1 

5. Session Laws and Journals 1-5-1 

STATE SOVEREIGNTY, JURISDICTION AND HOLIDAYS 

1. State Sovereignty Commission [Repealed] 3-1-1 

3. State Boundaries, Holidays, and State Emblems 3-3-1 
5. Acquisition of Land by United States 

Government 3-5-1 

TITLE 5. LEGISLATIVE DEPARTMENT 

1. Legislature 5-1-1 

3. Legislative Committees 5-3-1 

5. Interstate Cooperation . 5-5-1 

7. Lobbying [Repealed] 5-7-1 

8. Lobbying Law Reform Act of 1994 5-8-1 

9. Agency Review 5-9-1 

11. Abolishment of Agencies 5-11-1 

TITLE 7. EXECUTIVE DEPARTMENT 

1. Governor 7-1-1 

3. Secretary of State 7-3-1 

5. Attorney General 7-5-1 

7. State Fiscal Officer; Department of Audit 7-7-1 

9. State Treasurer 7-9-1 

11. Secretary of State; Land Records 7-11-1 

13. Mississippi Administrative Reorganization Act 7-13-1 
15. Executive Branch Reorganization Study Com- 
mission [Repealed] 7-15-1 

17. Mississippi Executive Reorganization Act of 

1989 7-17-1 

TITLE 9. COURTS 

1. Provisions Common to Courts 9-1-1 



xv 



General Outline 

TITLE 9. COURTS (Cont'd) 

Beginning 
Section 

3. Supreme Court 9-3-1 

4. Court of Appeals of the State of Mississippi 9-4-1 

5. Chancery Courts 9-5-1 

7. Circuit Courts 9-7-1 

9. CountyCourts 9-9-1 

11. Justice Courts 9-11-1 

13. Court Reporters and Court Reporting 9-13-1 

15. Judicial Council [Repealed] 9-15-1 

17. Court Administrators 9-17-1 

19. Commission on Judicial Performance 9-19-1 

21. Administrative Office of Courts 9-21-1 

23. DrugCourts 9-23-1 

TITLE 11. CIVIL PRACTICE AND PROCEDURE 

Chapter 1. Practice and Procedure Provisions Common to 

Courts 11-1-1 

3. Practice and Procedure in Supreme Court 11-3-1 

5. Practice and Procedure in Chancery Courts 11-5-1 

7. Practice and Procedure in Circuit Courts 11-7-1 

9. Practice and Procedure in County Courts and 

Justice Courts 11-9-1 

11. Venue of Actions 11-11-1 

13. Injunctions 11-13-1 

15. Arbitration and Award 11-15-1 

17. Suits to Confirm Title or Interest and to Remove 

Clouds on Title 11-17-1 

19. Ejectment 11-19-1 

21. Partition of Property 11-21-1 

23. Trial of Right of Property 11-23-1 

25. Unlawful Entry and Detainer 11-25-1 

27. Eminent Domain 11-27-1 

29. Sequestration 11-29-1 

31. Attachment in Chancery Against Nonresident, 

Absent or Absconding Debtors 11-31-1 

33. Attachment at Law Against Debtors 11-33-1 

35. Garnishment 11-35-1 

37. Replevin 11-37-1 

38. Claim and Delivery 11-38-1 

39. Quo Warranto 11-39-1 

41. Mandamus; Prohibition 11-41-1 

43. Habeas Corpus 11-43-1 

45. Suits by and Against the State or Its Political 

Subdivisions 11-45-1 

xvi 



General Outline 

TITLE 11. CIVIL PRACTICE AND PROCEDURE (Cont'd) 

Beginning 
Section 

46. Immunity of State and Political Subdivisions 

From Liability and Suit for Torts and Torts of 

Employees 11-46-1 

47. Lis Pendens 11-47-1 

49. Rights and Duties of Attorneys, Generally 11-49-1 

51. Appeals 11-51-1 

53. Costs 11-53-1 

55 . Litigation Accountability Act of 1988 11-55-1 

57. Structured Settlements 11-57-1 

TITLE 13. EVIDENCE, PROCESS AND JURIES 

Chapter 1. Evidence 13-1-1 

3. Process, Notice, and Publication 13-3-1 

5. Juries 13-5-1 

7. State Grand Jury Act 13-7-1 

TITLE 15. LIMITATIONS OF ACTIONS AND PREVENTION OF 

FRAUDS 

Chapter 1. Limitation of Actions 15-1-1 

3. Prevention of Frauds 15-3-1 

TITLE 17. LOCAL GOVERNMENT; PROVISIONS COMMON TO 
COUNTIES AND MUNICIPALITIES 

Chapter 1. Zoning, Planning and Subdivision Regulation . . 17-1-1 

2. Building Codes 17-2-1 

3. Promotion of Trade, Conventions and Tourism 17-3-1 
5. Jails, Waterworks and Other Improvements .... 17-5-1 
7. Removal of Local Governments in Emergencies 17-7-1 
9. Lease of Mineral Lands other than Sixteenth 

Section or "In Lieu" Lands 17-9-1 

11. Gulf Regional District Law 17-11-1 

13. Interlocal Cooperation of Governmental Units 17-13-1 

15. Human Resource Agencies 17-15-1 

17. Solid Wastes Disposal 17-17-1 

18. Mississippi Hazardous Waste Facility Siting Act 

of 1990 17-18-1 

19. Appropriations to Planning and Development 

Districts 17-19-1 

21. Finance and Taxation 17-21-1 

23. Rural Fire Truck Acquisition Assistance 

Programs 17-23-1 



xvii 



General Outline 



TITLE 17. LOCAL GOVERNMENT; PROVISIONS COMMON TO 
COUNTIES AND MUNICIPALITIES (Cont'd) 



25. General Provisions Relating to Counties and 

Municipalities 

TITLE 19. COUNTIES AND COUNTY OFFICERS 

Chapter 1. County Boundaries 

2. County Government Reorganization Act 

3. Board of Supervisors 

4. County Administrator 

5. Health, Safety and Public Welfare ; . 

7. Property and Facilities 

9. Finance and Taxation 

11. County Budget 

13. Contracts, Claims and Transaction of Business 

with Counties 

15. Records and Recording 

17. County Auditors 

19. Constables 

21. Coroners 

23. County Attorneys 

25. Sheriffs 

27. Surveyors and Surveys 

29. Local and Regional Railroad Authorities 

31. Public Improvement Districts 

TITLE 21. MUNICIPALITIES 

Chapter 1. Classification, Creation, Abolition, and 

Expansion 

3. Code Charters 

5. Commission Form of Government 

7. Council Form of Government 

8. Mayor-Council Form of Government 

9. Council-Manager Plan of Government 

11. Municipal Elections [Repealed] 

13. Ordinances 

15. Officers and Records 

17. General Powers 

19. Health, Safety, and Welfare 

21. Police and Police Departments 

23. Municipal Courts 

25. Fire Departments and Fire Districts 

27. Public Utilities and Transportation 



Beginning 
Section 

17-25-1 



19-1-1 
19-2-1 
19-3-1 
19-4-1 
19-5-1 
19-7-1 
19-9-1 
19-11-1 

19-13-1 
19-15-1 



19-17- 

19-19- 

19-21- 

19-23- 

19-25- 

19-27- 

19-29-1 

19-31-1 



21-1-1 

21-3-1 

21-5-1 

21-7-1 

21-8-1 

21-9-1 

21-11-1 

21-13-1 

21-15-1 

21-17-1 

21-19-1 

21-21-1 

21-23-1 

21-25-1 

21-27-1 



xvm 



General Outline 

TITLE 21. MUNICIPALITIES (Cont'd) 

Beginning 
Section 

29. Employees' Retirement and Disability Systems 21-29-1 

31. Civil Service 21-31-1 

33. Taxation and Finance 21-33-1 

35. Municipal Budget 21-35-1 

37. Streets, Parks and Other Public Property 21-37-1 

38. Acquisition or Lease of Real Property from Fed- 

eral Government for Parks, Recreation, and 

Tourism 21-38-1 

39. Contracts and Claims 21-39-1 

41. Special Improvements 21-41-1 

43. Business Improvement Districts 21-43-1 

45. Tax Increment Financing 21-45-1 

47. Delta Natural Gas District 21-47-1 

TITLE 23. ELECTIONS 

Chapter 1. Qualification of Candidates and Registration of 

Political Parties [Repealed] 23-1-1 

3. Corrupt Practices [Repealed] 23-3-1 

5. Registration and Elections [Repealed] 23-5-1 

7. Voting Machines and Electronic Voting System 

[Repealed] 23-7-1 

9. Absentee Ballot [Repealed] 23-9-1 

11. Presidential Election Law [Repealed] 23-11-1 

13. Mississippi Presidential Preference Primary and 

Delegate Selection Law [Repealed] 23-13-1 

15. Mississippi Election Code 23-15-1 

17. Amendments to Constitution by Voter Initiative 23-17-1 

TITLE 25. PUBLIC OFFICERS AND EMPLOYEES; PUBLIC 

RECORDS 

Chapter 1. Public Officers; General Provisions 25-1-1 

3. Salaries and Compensation 25-3-1 

4. Ethics in Government 25-4-1 

5. Removals From Office 25-5-1 

7. Fees 25-7-1 

9. Statewide Personnel System 25-9-1 

11. Social Security and Public Employees' Retire- 
ment and Disability Benefits 25-11-1 

13. Highway Safety Patrol Retirement System 25-13-1 

14. Government Employees Deferred Compensation 

Plan Law 25-14-1 

15. Group Insurance for Public Employees 25-15-1 

xix 



General Outline 

TITLE 25. PUBLIC OFFICERS AND EMPLOYEES; PUBLIC 

RECORDS (Cont'd) 

Beginning 
Section 

17. Cafeteria Fringe Benefit Plans 25-17-1 

31. District Attorneys 25-31-1 

32. Public Defenders 25-32-1 

33. Notaries Public 25-33-1 

41. Open Meetings 25-41-1 

43. Administrative Procedures 25-43-1.101 

45. Permit and Licensing Procedures 25-45-1 

51. State Depository for Public Documents 25-51-1 

53. Mississippi Department of Information Technol- 
ogy Services (MDITS) 25-53-1 

55. Lost Records 25-55-1 

57. Destruction of Records [Repealed] 25-57-1 

58. Geographic Information System 25-58- 1 

59. Archives and Records Management 25-59-1 

60. Local Government Records 25-60-1 

61. Public Access to Public Records 25-61-1 

63. Digital Signature Act 25-63-1 

65. Agency, University and Community/ Junior Col- 
lege Internal Auditing Program 25-65-1 

TITLE 27. TAXATION AND FINANCE 

Chapter 1. Assessors and County Tax Collectors 27-1-1 

3. State Tax Commission 27-3-1 

5. Motor Vehicle Comptroller 27-5-1 

7. Income Tax and Withholding 27-7-1 

8. Mississippi S Corporation Income Tax Act 27-8-1 

9. Estate Tax 27-9-1 

10. Uniform Estate Tax Apportionment Act 27-10-1 

11. Amusement Tax [Repealed] 27-11-1 

13. Corporation Franchise Tax 27-13-1 

15. Statewide Privilege Taxes 27-15-1 

17. Local Privilege Taxes 27-17-1 

19. Motor Vehicle Privilege and Excise Taxes 27-19-1 

21. Finance Company Privilege Tax 27-21-1 

23. Chain Store Privilege Tax [Repealed] 27-23-1 

25. Severance Taxes 27-25-1 

27. Vending and Amusement Machine Taxes 27-27-1 

29. Ad Valorem Taxes — General Provisions 27-29-1 

31. Ad Valorem Taxes — General Exemptions 27-31-1 

33. Ad Valorem Taxes — Homestead Exemptions ... . 27-33-1 

35. Ad Valorem Taxes — Assessment 27-35-1 



General Outline 

TITLE 27. TAXATION AND FINANCE (Cont'd) 

Beginning 
Section 

37. Ad Valorem Taxes— Payments in Lieu of Taxes 27-37-1 

38. Ad Valorem Taxes — Telecommunications Tax 

Reform 27-38-1 

39. Ad Valorem Taxes— State and Local Levies 27-39-1 

41. Ad Valorem Taxes— Collection 27-41-1 

43. Ad Valorem Taxes — Notice of Tax Sale to Owners 

and Lienors 27-43-1 

45. Ad Valorem Taxes — Redemption of Land Sold for 

Taxes 27-45-1 

47. Ad Valorem Taxes — Assignment of Tax Liens .. 27-47-1 

49. Ad Valorem Taxes — Insolvencies 27-49- 1 

51. Ad Valorem Taxes— Motor Vehicles 27-51-1 

53. Ad Valorem Taxes— Mobile Homes 27-53-1 

55. Gasoline and Motor Fuel Taxes 27-55-1 

57. Tax on Oils 27-57-1 

59. Liquefied Compressed Gas Tax 27-59-1 

61. Interstate Commercial Carriers Motor Fuel Tax 27-61-1 

63. Motor Vehicle Fueling Centers [Repealed] 27-63-1 

65. Sales Tax 27-65-1 

67. Use or Compensating Taxes 27-67-1 

68. Uniform Sales and Use Tax Administration Law 27-68-1 

69. TobaccoTax 27-69-1 

71. Alcoholic Beverage Taxes 27-71-1 

73. TaxRefunds 27-73-1 

75. Reciprocal Collection of Taxes 27-75-1 

77. Appellate Review for Taxpayers Aggrieved by 

Certain Actions of the State Tax Commission 27-77-1 
101. Annual Reports by Departments of Government 

and State-Supported Institutions 27-101-1 

103. State Budget 27-103-1 

104. State Fiscal Affairs 27-104-1 

105. Depositories 27-105-1 

107. Disaster Relief 27-107-1 

109. Cruise Vessels 27-109-1 

TITLE 29. PUBLIC LANDS, BUILDINGS AND PROPERTY 

Chapter 1. Public Lands 29-1-1 

3. Sixteenth Section and Lieu Lands 29-3-1 

5. Care of Capitol, Old Capitol, State Office Build- 
ings and Executive Mansion 29-5-1 

7. Mineral Leases of State Lands 29-7-1 

9. Inventories of State Property 29-9-1 

xxi 



General Outline 



TITLE 29. PUBLIC LANDS, BUILDINGS AND PROPERTY (Cont'd) 



11. Energy Conservation in Public Buildings 
[Repealed] 

13. Flood Insurance for State-Owned Buildings .... 

15. Public Trust Tidelands 

17. Construction and Improvement of Public 
Facilities 



Beginning 
Section 

29-11-1 
29-13-1 
29-15-1 

29-17-1 



TITLE 31. PUBLIC BUSINESS, BONDS AND OBLIGATIONS 

Chapter 1. General Provisions Relative to Public Contracts 31-1-1 

3. State Board of Public Contractors 31-3-1 

5. Public Works Contracts 31-5-1 

7. Public Purchases 31-7-1 

8. Acquisition of Public Buildings, Facilities, and 

Equipment Through Rental Contracts 31-8-1 

9. Surplus Property Procurement Commission 31-9-1 

11. State Construction Projects 31-11-1 

13. Validation of Public Bonds 31-13-1 

15. Refunding Bonds 31-15-1 

17. State Bonds; Retirement of Bonds 31-17-1 

18. Variable Rate Debt Instruments 31-18-1 

19. Public Debts 31-19-1 

21. Registered Bonds 31-21-1 

23. Mississippi Private Activity Bonds Allocation Act 31-23-1 

25 . Mississippi Development Bank Act 3 1-25-1 

27. Mississippi Bond Refinancing Act 31-27-1 

29. Institute for Technology Development 31-29-1 

31. Mississippi Telecommunications Conference and 

Training Center 31-31-1 

TITLE 33. MILITARY AFFAIRS 

Chapter 1. Definitions and General Provisions Relating to 

the Military Forces 33-1-1 

3. Commander in Chief, Military Department, and 

Governor's Staff 33-3-1 

4. Mississippi Military Family Relief Fund 33-4-1 

5. The Militia and Mississippi State Guard 33-5-1 

7. National Guard 33-7-1 

9. Property and Finances 33-9-1 

11. Training Facilities 33-11-1 

13 . Mississippi Code of Military Justice 33-13-1 

15. Emergency Management and Civil Defense 33-15-1 



xxii 



General Outline 
TITLE 35. WAR VETERANS AND PENSIONS 



Chapter 1. State Veterans Affairs Board 

3. War Veterans; Miscellaneous Provisions 

5. Guardianship of Veterans 

7. Veterans' Home Purchase Law 

9. Pensions [Repealed] 

TITLE 37. EDUCATION 

Chapter 1. State Board of Education 

3. State Department of Education 

4. State Board for Community and Junior Colleges 

5. County Boards of Education and 

Superintendents 

6. Mississippi Uniform School Law 

7. School Districts; Boards of Trustees of School 

Districts 

9. District Superintendents, Principals, Teachers, 

and Other Employees 

11. General Provisions Pertaining to Education .... 

13. Curriculum; School Year and Attendance 

14. Mary Kirkpatrick Haskell-Mary Sprayberry 

Public School Nurse Act of 2007 

15. Public Schools; Records, Enrollment and Trans- 

fer of Pupils 

16. Statewide Testing Program 

17. Accreditation of Schools 

18. Superior-Performing, Exemplary and Priority 

Schools Programs 

19. Minimum Program of Education 

20. Remedial Education 

21. Early Childhood Education 

22. State Funds for School Districts 

23. Exceptional Children 

25. Driver Education and Training 

26. State Court Education Fund 

27. Agricultural High Schools 

28. Charter Schools 

29. Junior Colleges 

31. Vocational Education 

33. Civilian Vocational Rehabilitation 

35. Adult Education 

37. Public Schools; Accounting and Auditing 

39. Public Schools; Purchases 



Beginning 
Section 

35-1-1 
35-3-1 
35-5-1 
35-7-1 
35-9-1 



37-1-1 
37-3-1 
37-4-1 

37-5-1 
37-6-1 

37-7-1 

37-9-1 
37-11-1 
37-13-1 

37-14-1 

37-15-1 
37-16-1 
37-17-1 

37-18-1 
37-19-1 
37-20-1 
37-21-1 
37-22-1 
37-23-1 
37-25-1 
37-26-1 
37-27-1 
37-28-1 
37-29-1 
37-31-1 
37-33-1 
37-35-1 
37-37-1 
37-39-1 



XXlll 



General Outline 

TITLE 37. EDUCATION (Cont'd) 

Beginning 
Section 

41. Transportation of Pupils 37-41-1 

43. Textbooks 37-43-1 

45. State Aid to Public Schools 37-45-1 

47. State Aid for Construction of School Facilities 37-47-1 

49. Loans to Students 37-49-1 

51. Financial Assistance to Children Attending Non- 
sectarian Private Schools 37-51-1 

53. Summer Normals 37-53-1 

55. School Libraries 37-55-1 

57. Taxation 37-57-1 

59. School Bonds and Obligations 37-59-1 

61. Expenditure of School Funds; Budgets 37-61-1 

63. Educational Television 37-63-1 

65. Closing of Public Schools and Institutions of 

Higher Learning 37-65-1 

101. Institutions of Higher Learning; General 

Provisions 37-101-1 

102. Off-campus Instructional Programs 37-102-1 

103. Residency and Fees of Students Attending or 

Applying for Admission to Educational 

Institutions 37-103-1 

104. Mississippi Educational Facilities Authority Act 

for Private, Nonprofit Institutions of Higher 

Learning 37-104-1 

105. Campuses and Streets of State Institutions of 

Higher Learning 37-105-1 

106. Post-Secondary Education Financial Assistance 37-106-1 

107. Scholarships for Children of Deceased or Dis- 

abled Law Enforcement Officers or Firemen 37-107-1 

108. Scholarships for Children of Prisoners of War or 

Men Missing in Action 37-108-1 

109. Medical Education Loans and Scholarships. 

[Repealed] 37-109-1 

110. Mississippi Public Management Graduate In- 

tern Program 37-110-1 

111. Fraternities, Sororities and Other Societies 37-111-1 

113. Mississippi State University of Agriculture and 

Applied Science 37-113-1 

115. University of Mississippi 37-115-1 

117. Mississippi University for Women 37-117-1 

119. University of Southern Mississippi 37-119-1 

121. Alcorn State University 37-121-1 

123. Delta State University 37-123-1 



XXIV 



General Outline 

TITLE 37. EDUCATION (Cont'd) 

Beginning 
Section 

125. Jackson State University 37-125-1 

127. Mississippi Valley State University 37-127-1 

129. Nursing Schools and Scholarships 37-129-1 

131. Teachers Demonstration and Practice Schools 37-131-1 

132. Student Teachers 37-132-1 

133. Technical Institutes 37-133-1 

135. Compacts with Other States 37-135-1 

137. School Asbestos Hazard Elimination Act 

[Repealed] 37-137-1 

138. Asbestos Abatement Accreditation and Certifica- 

tion Act 37-138-1 

139. Mississippi School for Mathematics and Science 37-139-1 

140. Mississippi School of the Arts 37-140-1 

141. The University Research Center Act of 1988 . . . 37-141-1 

143. Omnibus Loan or Scholarship Act of 1991 37-143-1 

144. Mississippi Rural Physicians Scholarship 

Program 37-144-1 

145. Mississippi Opportunity Loan Program Act 37-145-1 

147. Mississippi University Research Authority Act 37-147-1 

149. Mississippi Teacher Center 37-149-1 

151. Mississippi Accountability and Adequate Educa- 

tion Program Act of 1997 37-151-1 

152. Commission on Restructuring the Mississippi 

Adequate Education Program (MAEP) 37-152-1 

153. Work Force Education Act of 1994 37-153-1 

155. College Savings Plans of Mississippi 37-155-1 

157. Student Tuition Assistance 37-157-1 

159. Mississippi Critical Teacher Shortage Act 37-159-1 

161. Mississippi Education Reform Act of 2006 37-161-1 

TITLE 39. LIBRARIES, ARTS, ARCHIVES AND HISTORY 

Chapter 1. State Law Library; Legislative Reference 

Bureau 39-1-1 

3. Libraries and Library Commission 39-3-1 

5. Archives and History 39-5-1 

7. Antiquities 39-7-1 

9. Trusts to Promote Arts and Sciences 39-9-1 

11. Mississippi Arts Commission 39-11-1 

13. Historic Preservation Districts and Landmarks 39-13-1 

15. Municipal and County Funds to Support the Arts 39-15-1 
17. Mississippi Sports Hall of Fame and Dizzy Dean 

Museum 39-17-1 

XXV 



General Outline 

TITLE 39. LIBRARIES, ARTS, ARCHIVES AND HISTORY (Cont'd) 

Beginning 
Section 

19. Museum Unclaimed Property Act 39-19-1 

21. Mississippi Craft Center 39-21-1 

23. Mississippi Children's Museum 39-23-1 

25. Southern Arts and Entertainment Center 39-25-1 

27. Mississippi Blues Commission 39-27-1 

29. Mississippi Commission on the Holocaust 39-29-1 

TITLE 41. PUBLIC HEALTH 

Chapter 1. Mississippi Department of Public Health 

[Repealedl 41-1-1 

3. State Board of Health; Local Health Boards and 

Officers 41-3-1 

4. Department of Mental Health 41-4-1 

5. Governing Authorities for State Hospitals and 

Institutions 41-5-1 

7. Hospital and Health Care Commissions 41-7-1 

9. Regulation of Hospitals; Hospital Records 41-9-1 

10. Medical Records 41-10-1 

11. State Charity Hospitals; Diagnostic Treatment 

Center; Crippled Children's Treatment and 

Training Center 41-11-1 

13. Community Hospitals 41-13-1 

15. Department for the Prevention of Insanity 

[Repealed] 41-15-1 

17. State Mental Institutions 41-17-1 

19. Mental Retardation and Illness Centers, Facili- 
ties and Services 41-19-1 

21. Mentally 111 and Mentally Retarded Persons . . . 41-21-1 

22. Hemophilia , 41-22-1 

23. Contagious and Infectious Diseases; Quarantine 41-23-1 

24. Sickle Cell Testing Program 41-24-1 

25. Disinfection and Sanitation of Buildings and 

Premises 41-25-1 

26. Mississippi Safe Drinking Water Act of 1997 . . . 41-26-1 

27. Mosquito Control 41-27-1 

28. Diabetes 41-28-1 

29. Poisons, Drugs and Other Controlled Substances 41-29-1 

30. Alcoholism and Alcohol Abuse Prevention, Con- 

trol and Treatment 41-30-1 

31. Commitment of Alcoholics and Drug Addicts for 

Treatment 41-31-1 

32. Commitment of Alcoholics and Drug Addicts to 

Private Treatment Facilities 41-32-1 



XXVI 



General Outline 

TITLE 41. PUBLIC HEALTH (Cont'd) 

Beginning 
Section 

33. Tuberculosis and Respiratory Diseases; Tubercu- 

losis Sanatorium 41-33-1 

34. Health Care Practice Requirements Pertaining 

to Transmission of Hepatitis B and HIV 41-34-1 

35. Eye Inflammation of Young 41-35-1 

36. Determination of Death 41-36-1 

37. Autopsies 41-37-1 

39. Disposition of Human Bodies or Parts 41-39-1 

41. Surgical or Medical Procedures; Consents 41-41-1 

42. Family Planning 41-42-1 

43. Cemeteries and Burial Grounds 41-43-1 

45. Sexual Sterilization 41-45-1 

47. Transportation and Possession of Parakeets and 

Other Birds [Repealed] 41-47-1 

49. Regulation of Hotels and Innkeepers 41-49-1 

51. Animal and Poultry By-Products Disposal or 

Rendering Plants 41-51-1 

53. Dogs and Rabies Control .1 41-53-1 

55. Public Ambulance Service 41-55-1 

57. Vital Statistics 41-57-1 

58. Medical Radiation Technology 41-58-1 

59. Emergency Medical Services 41-59-1 

60. Emergency Medical Technicians — Paramedics 

— Use of Automated External Defibrillator .. 41-60-1 

61. State Medical Examiner 41-61-1 

63. Evaluation and Review of Professional Health 

Services Providers 41-63-1 

65. [Reserved] 

67. Mississippi Individual On-Site Wastewater Dis- 
posal System Law 41-67-1 

69. [Reserved] 

71. Home Health Agencies 41-71-1 

73. Hospital Equipment and Facilities Authority Act 41-73-1 

75. Ambulatory Surgical Facilities 41-75-1 

77. Licensing of Birthing Centers 41-77-1 

79. Health Problems of School Children 41-79-1 

81. Perinatal Health Care 41-81-1 

83. Utilization Review of Availability of Hospital 

Resources and Medical Services 41-83-1 

85. Mississippi Hospice Law of 1995 41-85-1 

86. Mississippi Children's Health Care Act 41-86-1 

87. Early Intervention Act for Infants and Toddlers 41-87-1 

88. Mississippi Child Immunization Act of 1994 .... 41-88-1 



XXVll 



General Outline 

TITLE 41. PUBLIC HEALTH (Cont'd) 

Beginning 
Section 

89. Infant Mortality Task Force 41-89-1 

90. Hearing Impairment of Infants and Toddlers .. . 41-90-1 

91. Central Cancer Registry 41-91-1 

93. Osteoporosis Prevention and Treatment Educa- 
tion Act 41-93-1 

95. Mississippi Health Policy Act of 1994 41-95-1 

97. State Employee Wellness and Physical Fitness 

Programs 41-97-1 

99. Qualified Health Center Grant Program 41-99-1 

101. Mississippi Council on Obesity Prevention and 

Management 41-101-1 

103. Task Force on Heart Disease and Stroke 

Prevention 41-103-1 

105. Healthcare Coordinating Council 41-105-1 

107. Health Care Rights of Conscience 41-107-1 

109. Leonard Morris Chronic Kidney Disease Leader- 
ship Task Force 41-109-1 

111. Child Death Review Panel 41-111-1 

113. Tobacco Education, Prevention and Cessation 

Program 41-113-1 

TITLE 43. PUBLIC WELFARE 

Chapter 1. Department of Human Services and County De- 
partments of Public Welfare 43-1-1 

3. Blind Persons 43-3-1 

5. Schools for the Blind and Deaf 43-5-1 

6. Rights and Liabilities of Blind and Other Hand- 

icapped Persons 43-6-1 

7. Council on Aging 43-7-1 

9. Old Age Assistance 43-9-1 

11. Institutions for the Aged or Infirm 43-11-1 

13. Medical Assistance for the Aged; Medicaid 43-13-1 

14. Interagency Coordinating Counsel for Children 

and Youth 43-14-1 

15. ChildWelfare 43-15-1 

16. Child Residential Home Notification Act 43-16-1 

17. Temporary Assistance to Needy Families 43-17-1 

18. Interstate Compact on the Placement of 

Children 43-18-1 

19. Support of Natural Children 43-19-1 

20. Child Care Facilities 43-20-1 

21. Youth Court 43-21-1 

xxviii 



General Outline 

TITLE 43. PUBLIC WELFARE (Cont'd) 

Beginning 
Section 

23. FamilyCourts 43-23-1 

24. State Central Registry of Child Abuse Reports; 

Wide Area Telephone Service for Reporting 

ChildAbuse [Repealed] 43-24-1 

25. Interstate Compact on Juveniles 43-25-1 

27. Department of Youth Services 43-27-1 

29. Disabled Persons 43-29-1 

30. Mississippi Disability Resource Commission .... 43-30-1 

31. Poor Persons 43-31-1 

33. Housing and Housing Authorities 43-33-1 

35. Urban Renewal and Redevelopment 43-35-1 

37. Acquisition of Real Property Using Public Funds 43-37-1 

39. Relocation Assistance 43-39-1 

41. Emergency and Disaster Assistance 43-41-1 

43. Administration of Social Security Funds 43-43-1 

45. Adult Protective Services [Repealed! 43-45-1 

47. Mississippi Vulnerable Adults Act 43-47-1 

49. Mississippi Welfare Restructuring Program Act 

of 1993 [Repealed] 43-49-1 

51. Family Preservation Act of 1994 43-51-1 

53. Mississippi Leadership Council on Aging 43-53-1 

55. Mississippi Commission for National and Com- 
munity Service 43-55-1 

57. Comprehensive Plan for Provision of Services to 

Disabled Persons [Repealed] 43-57-1 

59. Mississippi Commission on the Status of Women 43-59-1 

61. Mississippi Seniors and Indigents Rx Program 43-61-1 

TITLE 45. PUBLIC SAFETY AND GOOD ORDER 

Chapter 1. Department of Public Safety 45-1-1 

2. Law Enforcement Officers and Fire Fighters 

Death and Disability Benefits Trust Funds ... 45-2-1 

3. Highway Safety Patrol 45-3-1 

4. County Jail Officers Training Program 45-4-1 

5. Law Enforcement Officers Training Academy .. . 45-5-1 

6. Law Enforcement Officers Training Program ... 45-6-1 

7. County Patrol Officers 45-7-1 

9. Weapons 45-9-1 

11. Fire Protection Regulations, Fire Protection and 

Safety in Buildings 45-11-1 

13. Fireworks and Explosives 45-13-1 

14. Radiation Protection Program 45-14-1 

xxix 



General Outline 

TITLE 45. PUBLIC SAFETY AND GOOD ORDER (Cont'd) 

Beginning 
Section 

15. High Voltage Power Lines 45-15-1 

17. Civil Emergencies 45-17-1 

18. Emergency Management Assistance Compact .. 45-18-1 

19. Subversive Groups and Subversive Activities .. . 45-19-51 

21. Rock Festivals 45-21-1 

23. Boiler and Pressure Vessel Safety 45-23-1 

25. Identification Cards for Non-Drivers. [Repealed] 45-25-1 

27. Mississippi Justice Information Center 45-27-1 

29. Records 45-29-1 

31. Sex Offense Criminal History Record Informa- 
tion Act 45-31-1 

33. Registration of Sex Offenders 45-33-1 

35. Identification Cards 45-35-1 

37. Prevention of Youth Access to Tobacco Act 45-37-1 

39. Statewide Crime Stoppers Advisory Council 45-39-1 

TITLE 47. PRISONS AND PRISONERS; PROBATION AND 

PAROLE 

Chapter 1. County and Municipal Prisons and Prisoners .. 47-1-1 

3. Removal of Prisoners 47-3-1 

4. Privately Operated Correctional Facilities 47-4-1 

5. Correctional System 47-5-1 

7. Probation and Parole 47-7-1 

TITLE 49. CONSERVATION AND ECOLOGY 

Chapter 1. General Provisions 49-1-1 

2. Department of Environmental Quality 49-2-1 

3. Fisheries and Wildlife Research 49-3-1 

4. Mississippi Department of Wildlife, Fisheries 

and Parks 49-4-1 

5. Fish, Game and Bird Protection and Refuges ... 49-5-1 

6. Motor Vehicle and Boat Replacement Program 49-6-1 

7. Hunting and Fishing 49-7-1 

8. Importation, Sale and Possession of Inherently 

Dangerous Wild Animals 49-8-1 

9. Mussels 49-9-1 

10. Wildlife Violator Compact 49-10-1 

11. Private Shooting Preserves 49-11-1 

13. Commercial Quail 49-13-1 

15. Seafood 49-15-1 

17. Pollution of Waters, Streams, and Air 49-17-1 



XXX 



General Outline 

TITLE 49. CONSERVATION AND ECOLOGY (Cont'd) 

Beginning 
Section 

18. Mississippi Liability of Persons Responding to 

Oil Spills Act 49-18-1 

19. Forests and Forest Protection 49-19- 1 

20. Mississippi River Timberlands Control Act 

[Repealed] 49-20-1 

21. Interstate Environmental Compact 49-21-1 

23. Outdoor Advertising 49-23-1 

25. Junkyards 49-25-1 

26. Channel Maintenance Act 49-26-1 

27. Coastal Wetlands Protection Act 49-27-1 

28. Shoreline and Beach Preservation Districts 49-28-1 

29. Environmental Protection Council [Repealed] .. 49-29-1 
31. Mississippi Multimedia Pollution Prevention Act 49-31-1 
33. Mississippi Agricultural and Forestry Activity 

Act 49-33-1 

35. Mississippi Brownfields Voluntary Cleanup and 
Redevelopment; Remediation of Property on 

National Priorities List 49-35-1 

37. Statewide Scientific Information Management 49-37-1 

TITLE 51. WATERS, WATER RESOURCES, WATER DISTRICTS, 
DRAINAGE, AND FLOOD CONTROL 

Chapter 1. Navigable Waters 51-1-1 

2. Mississippi Marine Litter Act 51-2-1 

3. Water Resources; Regulation and Control 51-3-1 

4. Mississippi Scenic Streams Stewardship Act ... 51-4-1 

5. Subsurface Waters; Well Drillers 51-5-1 

7. Water Management Districts 51-7-1 

8. Joint Water Management Districts 51-8-1 

9. Development of Region Bordering Pearl River; 

Pearl River Valley Water Supply District; Met- 
ropolitan Area Water Supply Act 5 1-9- 1 

11. Pearl River Basin Development District 51-11-1 

13. Tombigbee Valley Authority and Water Manage- 
ment District 51-13-1 

15. Pat Harrison Waterway Commission and 

District 51-15-1 

17. Big Black River Basin District 51-17-1 

19. West Central Mississippi Waterway Commission 

[Repealed] 51-19-1 

21. Lower Mississippi River Basin Development Dis- 
trict [Repealed] 51-21-1 

xxxi 



General Outline 

TITLE 51. WATERS, WATER RESOURCES, WATER DISTRICTS, 
DRAINAGE, AND FLOOD CONTROL (Cont'd) 

Beginning 
Section 

23. Lower Yazoo River Basin District. [Repealed] .. 51-23-1 

25. Yellow Creek Watershed Authority 51-25-1 

27. Tennessee-Tombigbee Waterway Compact 51-27-1 

29. Drainage Districts with Local Commissioners 51-29-1 

31. Drainage Districts with County Commissioners 51-31-1 
33. Provisions Common to Drainage Districts and 

Swamp Land Districts 51-33-1 

35. Flood Control 51-35-1 

37. Watershed Districts 51-37-1 

39. Storm Water Management Districts 51-39-1 

41. Public Water Authorities 51-41-1 

TITLE 53. OIL, GAS, AND OTHER MINERALS 

Chapter 1. State Oil and Gas Board 53-1-1 

3. Development, Production and Distribution of 

Gas and Oil 53-3-1 

5. Geological and Mineral Survey 53-5-1 

7. Surface Mining and Reclamation of Land 53-7-1 

9. Surface Coal Mining and Reclamation of Land 53-9-1 

TITLE 55. PARKS AND RECREATION 

Chapter 1. Mississippi Recreational Advisory Council 

[Repealed] 55-1-1 

3. State Parks and Forests 55-3-1 

5. Federal Parks and National Parkways 55-5-1 

7. Bridge and Park Commissions 55-7-1 

9. County and Municipal Facilities 55-9-1 

11. Harrison County Parkway 55-11-1 

13. Natchez Trace Parkway 55-13-1 

15. Commemorative Parks and Monuments 55-15-1 

17. International Gardens of Mississippi 55-17-1 

19. Bienville Recreational District 55-19-1 

21. Mississippi Zoological Park and Garden Districts 55-21-1 

23. Mississippi Memorial Stadium 55-23-1 

24. Mississippi Coast Coliseum Commission 55-24-1 

25. Rails-to-Trails Recreational District 55-25-1 

TITLE 57. PLANNING, RESEARCH AND DEVELOPMENT 

Chapter 1. Department of Economic and Community 

Development 57-1-1 



XXXll 



General Outline 

TITLE 57. PLANNING, RESEARCH AND DEVELOPMENT (Cont'd) 

Beginning 
Section 

3. Agriculture and Industry Program 57-3-1 

4. Industrial Development Fund 57-4-1 

5. Industrial Parks and Districts 57-5-1 

7. Sale or Development of Airport Lands, or Other 

Lands, for Industrial Purposes 57-7-1 

9. Industrial Plant Training 57-9-1 

10. Small Business Assistance 57-10-1 

11. Market and Industrial Studies and Research ... 57-11-1 

13. Research and Development Center 57-13-1 

15. Marine Resources 57-15-1 

17. Forest Products Utilization Laboratory 

[Repealed] 57-17-1 

18. Renewable Natural Resources Research Act of 

1994 57-18-1 

19. Food Technology Laboratory 57-19-1 

21. State Chemical Laboratory 57-21-1 

23. Pharmaceutical Product Development and 

Utilization 57-23-1 

25. Southern States Energy Compact 57-25-1 

26. Tourism Project Incentive Program; Theme 

Parks, Entertainment Centers, Scenic Attrac- 
tions, etc 57-26-1 

27. Regional Tourist Promotion Councils 57-27- 1 

28. Tourism Project Incentive Program; Entertain- 

ment Districts, etc 57-28-1 

29. Travel and Tourism 57-29-1 

30. Family-Oriented Enterprises 57-30-1 

31. County Industrial Development Authorities .... 57-31-1 

32. Southeast Mississippi Industrial Council 57-32-1 

33. Southern Growth Policies Agreement 57-33-1 

34. Alabama-Mississippi Joint Economic Develop- 

ment Authority 57-34-1 

35. Tennessee River Valley Association 57-35-1 

36. Chickasaw Trail Economic Development Com- 

pact [Repealed] 57-36-1 

37. Transportation Planning Council [Repealed] ... . 57-37-1 

39. Energy and Transportation Planning 57-39-1 

41. Financing Industrial Enterprise Projects 57-41-1 

43. Railroad Revitalization 57-43-1 

44. Local Governments Freight Rail Service Projects 57-44-1 

45. Mississippi-Louisiana Rapid Rail Transit 

Compact 57-45-1 

xxxiii 



General Outline 

TITLE 57. PLANNING, RESEARCH AND DEVELOPMENT (Cont'd) 

Beginning 
Section 
47. Southeast Interstate Low-Level Radioactive 

Waste Management Compact 57-47- 1 

49. Nuclear Waste Storage and Disposal 57-49-1 

51. Enterprise Zones [Repealed] 57-51-1 

53. Corporate Headquarters Incentive Program 

[Repealed] 57-53-1 

54. Advanced Technology Initiative [Repealed] 57-54-1 

55. Universities Research Institutes 57-55-1 

56. Mississippi Technology Transfer Office 57-56-1 

57. Export Trade Development 57-57-1 

59. Mississippi Capital Companies [Repealed] 57-59-1 

61. Mississippi Business Investment Act 57-61-1 

62. Mississippi Advantage Jobs Act 57-62-1 

63. Statewide Economic Development and Planning 

Act 57-63-1 

64. Regional Economic Development 57-64-1 

65. Mississippi International Trade Institute 57-65-1 

67. Mississippi Superconducting Super Collider Act 57-67-1 
69. Mississippi Minority Business Enterprise Act .. 57-69-1 
71. Mississippi Small Enterprise Development Fi- 
nance Act 57-71-1 

73. Economic Development Reform Act 57-73-1 

75. Mississippi Major Economic Impact Act 57-75-1 

77. Venture Capital Act of 1994 57-77-1 

79. Mississippi Small Town Development Act 57-79-1 

80. Growth and Prosperity Act 57-80-1 

81. Mississippi Science and Technology Commission 

[Repealed] 57-81-1 

83. Mississippi Technology, Inc. Liaison Committee 57-83-1 

85. Mississippi Rural Impact Act 57-85-1 

87. Mississippi Broadband Technology Development 

Act 57-87-1 

89. Mississippi Motion Picture Incentive Act 57-89-1 

91. Economic Redevelopment Act 57-91-1 

93. Mississippi Existing Industry Productivity Loan 

Program 57-93-1 

95. Mississippi Job Protection Act 57-95-1 

97. Mississippi Delta Revitalization Act of 2006 57-97-1 

99. Mississippi Major Economic Impact Withholding 

Rebate Incentive Program 57-99-1 

101. Mississippi Major Economic Impact Authority 
Component Construction Material Costs Re- 
bate Program 57-101-1 i 

xxxiv 



General Outline 

TITLE 57. PLANNING, RESEARCH AND DEVELOPMENT (Cont'd) 

Beginning 
Section 
103. Technology Based Business Capital Assistance 

Programs 57-103-1 

105. Qualified Equity Investment Tax Credits 57-105-1 

TITLE 59. PORTS, HARBORS, LANDINGS AND WATERCRAFT 

Chapter 1. Harbor or Port Commissions; Powers of Political 

Subdivision; Pilotage 59-1-1 

3. Ports of Entry 59-3-1 

5. State Ports and Harbors 59-5-1 

6. Compact for Development of Deep Draft Harbor 

and Terminal 59-6-1 

7. County and Municipal Harbors 59-7-1 

9. County Port Authority or Development 

Commission 59-9-1 

11. County Port and Harbor Commission 59-11-1 

13. Harbor Improvements by Coast Counties 59-13-1 

15. Small Craft Harbors 59-15-1 

17. State Inland Ports 59-17-1 

19. Landings 59-19-1 

21. Boats and Other Vessels 59-21-1 

23. Alcohol Boating Safety Act 59-23-1 

25. Certificates of Title for Boats and Other Vessels 59-25-1 

TITLE 61. AVIATION 

Chapter 1. Transportation Commission 61-1-1 

3. Airport Authorities 61-3-1 

4. Mississippi Wayport Authority Act 61-4-1 

5. Acquisition, Disposition and Support of Airport 

Facilities 6 1-5-1 

7. Airport Zoning 61-7-1 

9. Incorporation of Airport Into Corporate Bound- 
aries of Municipality 61-9-1 

11. Operation of Aircraft; Certification and Licens- 
ing of Pilots and Aircraft 61-11-1 

13. Aircraft for Use of Governor, State Departments 

and Agencies 61-13-1 

15. Registration of Aircraft 61-15-1 

17. Concealing or Misrepresenting Aircraft Identifi- 
cation Number; Non-Conforming Aircraft Fuel 

Containers 61-17-1 



XXXV 



General Outline 



TITLE 63. MOTOR VEHICLES AND TRAFFIC REGULATIONS 



Chapter 1. Driver's License 

2. Mandatory Use of Safety Seat Belts 

3. Traffic Regulations and Rules of the Road 

5. Size, Weight and Load 

7. Equipment and Identification 

9. Traffic Violations Procedure 

10. Nonresident Traffic Violator Compact 

11. Implied Consent Law 

13. Inspection of Motor Vehicles 

15. Motor Vehicle Safety — Responsibility 

17. Manufacture, Sales and Distribution 

19. Motor Vehicle Sales Finance Law 

21. Motor Vehicle Titles 

23. Abandoned Motor Vehicles 

25. Motor Vehicle Chop Shop, Stolen and Altered 

Property Act 

27. Disclosure of Use of Nonoriginal Replacement 

Parts 

29. Mississippi Vehicle Protection Product Act 

TITLE 65. HIGHWAYS, BRIDGES AND FERRIES 

Chapter 1. Transportation Department 

2. State Transportation Arbitration Board 

3. State Highway System 

4. Economic Development Highway Act 

5. Controlled Access Facilities 

7. Public Roads and Streets; Private Way 

9. State Aid Roads in Counties 

10. County Major Feeder Road System 

[Repealed] 

11. County Highway Aid 

13. Highway and Street Revenue Bond Authority 

15. County Funds for Roads and Bridges 

17. County Road Officials 

18. Local System Road Program 

19. Separate Road Districts 

21. Bridges; General Provisions 

23. Bridges; Boundary and Other Waters 

25. Mississippi River Bridges 

26. Tennessee-Tombigbee Waterway Bridges 

27. Ferries; General Provisions 

29. Ferries in Certain Counties 



Beginning 
Section 

63-1-1 
63-2-1 
63-3-1 



63-5- 
63-7- 
63-9- 
63-10- 
63-11- 
63-13- 
63-15- 
63-17- 
63-19- 
63-21- 
63-23- 



63-25-1 

63-27-1 
63-29-1 



65-1-1 



65-2- 
65-3- 
65-4- 
65-5- 
65-7- 
65-9- 



65-10-1 
65-11-1 
65-13-1 
65-15-1 
65-17-1 
65-18-1 
65-19-1 
65-21-1 
65-23-1 
65-25-1 
65-26-1 
65-27-1 
65-29-1 



XXXVI 



General Outline 

TITLE 65. HIGHWAYS, BRIDGES AND FERRIES (Cont'd) 

Beginning 
Section 

31. Hospitality Stations on Highways 65-31-1 

33. Sea Walls 65-33-1 

37. Local System Bridge Replacement and Rehabil- 
itation Program 65-37-1 

39. Gaming Counties Bond Sinking Fund 65-39-1 

41. Mississippi Scenic Byways 65-41-1 

43. Toll Roads and Toll Bridges [ 65-43-1 

TITLE 67. ALCOHOLIC BEVERAGES 

Chapter 1. Local Option Alcoholic Beverage Control 67-1-1 

3. Sale of Light Wine, Beer, and Other Alcoholic 

Beverages 67-3-1 

5. Native Wines 67-5-1 

7. Beer Industry Fair Dealing Act 67-7-1 

9. Possession or Transportation of Alcoholic Bever- 
ages, Light Wine, or Beer 67-9-1 

TITLE 69. AGRICULTURE, HORTICULTURE, AND ANIMALS 

Chapter 1. Agriculture and Commerce Department; Council 

on Agriculture 69-1-1 

2. Mississippi Farm Reform Act 69-2-1 

3. Agricultural Seeds 69-3-1 

5. Fairs; Stock Shows; Improvement of Livestock 69-5-1 

7. Markets and Marketing; Domestic Fish Farming 69-7-1 

8. Beef Promotion And Research Program 69-8-1 

9. Soybean Promotion Board 69-9-1 

10. Rice Promotion Board 69-10-1 

11. Swine 69-11-1 

13. Stock Laws, Estrays 69-13-1 

15. Board of Animal Health; Livestock and Animal 

Diseases 69-15-1 

17. Livestock Biologies, Drugs and Vaccines 69-17-1 

19. Regulation of Professional Services 69-19-1 

21. Crop Spraying and Licensing of Aerial 

Applicators 69-21-1 

23. Mississippi Pesticide Law 69-23-1 

24. Fertilizing Materials and Additives 69-24-1 

25. Plants, Plant and Bee Diseases 69-25-1 

26. Pest Control Compact 69-26-1 

27. Soil Conservation 69-27-1 

28. Protection and Conservation of Agricultural 

Lands 69-28-1 



XXXVll 



General Outline 



TITLE 69. AGRICULTURE, HORTICULTURE, AND 
ANIMALS (Cont'd) 



Chapter 



Chapter 



29. Livestock Brands, Theft or Loss of Livestock and 

Protective Associations 

31. Regulation of Moisture-Measuring Devices 

33. Pecan Harvesting 

34. Milk Producers Transportation Cost Assistance 

Loan Program 

35. Mississippi Dairy Promotion Act 

36. Southern Dairy Compact 

37. Mississippi Boll Weevil Management Act 

39. Agricultural Liming Materials 

41. Mississippi Agribusiness Council Act of 1993 . . . 

42. Program to Encourage Growth in Mississippi 

Agribusiness Industry 

43. Mississippi Ratite Council and Promotion Board 

44. Mississippi Corn Promotion Board 

45. Mississippi Agricultural Promotions Program 

Act 

46. Mississippi Land, Water and Timber Resources 

Act 

47. Organic Certification Program 

48. Peanut Promotion Board 

49. Field Crop Products 

51. Ethanol, Anhydrous Alcohol and Wet Alcohol . . . 

TITLE 71. LABOR AND INDUSTRY 

1. Employer and Employee 

3. Workers' Compensation 

5. Unemployment Compensation 

7. Drug and Alcohol Testing of Employees 

9. Medical Savings Account Act 

TITLE 73. PROFESSIONS AND VOCATIONS 

1. Architects 

2. Landscape Architectural Practice 

3. Attorneys at Law 

4. Auctioneers 

5. Barbers 

6. Chiropractors 

7. Cosmetologists 

9. Dentists 

10. Dietitians 



Beginning 
Section 

69-29-1 
69-31-1 
69-33-1 

69-34-1 
69-35-1 
69-36-1 
69-37-1 
69-39-1 
69-41-1 

69-42-1 
69-43-1 
69-44-1 

69-45-1 



69-46- 
69-47- 
69-48- 
69-49- 
69-51- 



71-1-1 
71-3-1 
71-5-1 
71-7-1 
71-9-1 



73-1-1 
73-2-1 
73-3-1 
73-4-1 
73-5-1 
73-6-1 
73-7-1 
73-9-1 
73-10-1 



XXXVlll 



General Outline 

TITLE 73. PROFESSIONS AND VOCATIONS (Cont'd) 

Beginning 
Section 

11. Embalmers 73-11-1 

13. Engineers and Land Surveyors 73-13-1 

14. Hearing Aid Dealers 73-14-1 

15. Nurses 73-15-1 

17. Nursing Home Administrators 73-17-1 

19. Optometry and Optometrists 73-19-1 

21. Pharmacists 73-21-1 

22. Orthotics and Prosthetics 73-22-1 

23. Physical Therapists 73-23-1 

24. Mississippi Occupational Therapy Practice Act 73-24-1 

25. Physicians 73-25-1 

26. Physician Assistants 73-26-1 

27. Podiatrists 73-27-1 

29. Polygraph Examiners 73-29-1 

30. Licensed Professional Counselors 73-30-1 

31. Psychologists 73-31-1 

33. Public Accountants 73-33-1 

34. Real Estate Appraisers 73-34-1 

35. Real Estate Brokers 73-35-1 

36. Registered Foresters 73-36-1 

37. Sanitarians 73-37-1 

38. Speech Pathologists and Audiologists 73-38-1 

39. Veterinarians 73-39-1 

41. Athlete Agents 73-41-1 

42. Uniform Athlete Agents Law 73-42-1 

43. State Board of Medical Licensure 73-43-1 

45. Information to Be Included in Prescriptions 73-45-1 

47. [Reserved] 

49. Health Care Provider Licensing Boards 73-49-1 

51. Unlicensed Practice of Profession 73-51-1 

52. Licensure Records 73-52-1 

53. Licensing and Regulation of Social Workers .... 73-53-1 

54. Marriage and Family Therapists 73-54-1 

55. Mississippi Athletic Trainers Licensure Act 73-55-1 

57. Mississippi Respiratory Care Practice Act 73-57-1 

59. Residential Builders and Remodelers 73-59-1 

60. Home Inspectors 73-60-1 

61. Tattooing and Body Piercing 73-61-1 

63. Registered Professional Geologists Practice Act 73-63-1 

65. Professional Art Therapists 73-65-1 

67. Professional Massage Therapists 73-67-1 

69. Mississippi Residential Electronic Protection Li- 
censing Act 73-69-1 



XXXIX 



General Outline 

TITLE 75. REGULATION OF TRADE, COMMERCE AND 

INVESTMENTS 

Beginning 
Section 

Chapter 1. Uniform Commercial Code — General Provisions 75-1-101 

2. Uniform Commercial Code — Sales 75-2-101 

2A. Uniform Commercial Code — Leases 75-2A-101 

3. Uniform Commercial Code — Negotiable 

Instruments 75-3-101 

4. Uniform Commercial Code — Bank Deposits and 

Collections 75-4-101 

4A. Uniform Commercial Code — Funds Transfers .. 75-4A-101 

5. Uniform Commercial Code — Revised Article 5. 

Letters of Credit 75-5-101 

6. Uniform Commercial Code — Bulk Transfers .... 75-6-101 

7. Uniform Commercial Code — Documents of Title 75-7-101 

8. Uniform Commercial Code — Revised Article 8. 

Investment Securities 75-8-101 

9. Uniform Commercial Code — Secured 

Transactions 75-9-101 

10. Uniform Commercial Code — Effective Date and 

Repealer 75-10-101 

11. Uniform Commercial Code — Effective Date and 

Transition Provisions: 1977 Amendments 75-11-101 

12. Uniform Electronic Transactions Act 75-12-1 

13. Bills, Notes and Other Writings 75-13-1 

15. SaleofChecks 75-15-1 

17. Interest, Finance Charges, and Other Charges 75-17-1 

18. Revolving Charge Agreements; Credit Cards 

[Repealed] 75-18-1 

19. Seals 75-19-1 

21. Trusts and Combines in Restraint or Hindrance 

of Trade 75-21-1 

23. Fair Trade Laws 75-23-1 

24. Regulation of Business for Consumer Protection 75-24-1 

25. Registration of Trademarks and Labels 75-25-1 

26. Mississippi Uniform Trade Secrets Act 75-26-1 

27. Weights and Measures 75-27-1 

29. Sale and Inspection of Food and Drugs 75-29-1 

31. Milk and Milk Products 75-31-1 

33. Meat, Meat-Food and Poultry Regulation and 

Inspection 75-33-1 

35. Meat Inspection 75-35-1 

37. Operation of Frozen Food Locker Plants 75-37-1 

39. Sale of Baby Chicks 75-39-1 

xl 



General Outline 

TITLE 75. REGULATION OF TRADE, COMMERCE AND 
INVESTMENTS (Cont'd) 

Beginning 
Section 

40. Importation and Sale of Animals or Birds 75-40-1 

41. Gins 75-41-1 

43. Farm Warehouses 75-43-1 

44. Grain Warehouses 75-44-1 

45. Commercial Feeds and Grains 75-45-1 

47. Commercial Fertilizers 75-47-1 

49. Movable Homes 75-49-1 

51. Water Heaters 75-51-1 

53. Paints, Varnishes and Similar Materials 75-53-1 

55. Gasoline and Petroleum Products 75-55-1 

56. Antifreeze and Summer Coolants 75-56-1 

57. Liquefied Petroleum Gases 75-57-1 

58. Mississippi Natural Gas Marketing Act 75-58-1 

59. Correspondence Courses 75-59-1 

60. Proprietary Schools and Colleges 75-60-1 

61. Manufacture and Sale of Jewelry and Optical 

Equipment 75-61-1 

63. Sales of Cemetery Merchandise and Funeral 

Services 75-63-1 

65. Going Out of Business Sales; Unsolicited Goods 75-65-1 

66. Home Solicitation Sales 75-66-1 

67. Loans '. 75-67-1 

69. Farm Loan Bonds 75-69-1 

71. Uniform Securities Law 75-71-1 

72. Business Takeovers 75-72-1 

73. Hotels and Innkeepers 75-73-1 

74. Youth Camps 75-74-1 

75. Amusements, Exhibitions and Athletic Events 75-75-1 

76. Mississippi Gaming Control Act 75-76-1 

77. Repurchase of Inventories From Retailers Upon 

Termination of Contract 75-77-1 

79. Pulpwood Scaling and Practices 75-79-1 

81. Dance Studio Lessons 75-81-101 

83. Health Spas 75-83-1 

85. Transient Vendor 75-85-1 

87. Contracts Between Out-of-State Principals and 

Commissioned Sales Representatives 75-87-1 

89. Mississippi Commodities Enforcement Act 75-89-1 

TITLE 77. PUBLIC UTILITIES AND CARRIERS 

Chapter 1. Public Service Commission 77-1-1 



xli 



General Outline 

TITLE 77. PUBLIC UTILITIES AND CARRIERS (Cont'd) 

Beginning 
Section 

2. Public Utilities Staff 77-2-1 

3. Regulation of Public Utilities 77-3-1 

5. Electric Power 77-5-1 

6. Municipal Gas Authority of Mississippi Law .... 77-6-1 

7. Motor Carriers 77-7-1 

9. Railroads and Other Common Carriers 77-9-1 

11. Gas Pipelines and Distribution Systems 77-11-1 

13. Regulation of Excavations Near Underground 

Utility Facilities 77-13-1 

15. Local Natural Gas Districts 77-15-1 

TITLE 79. CORPORATIONS, ASSOCIATIONS, AND 
PARTNERSHIPS 

Chapter 1. General Provisions Relative to Corporations .... 79-1-1 

3. Business Corporations [Repealed] 79-3-1 

4. Mississippi Business Corporation Act 79-4-1.01 

5. Business Development Corporations 79-5-1 

6. Foreign Limited Liability Companies [Repealed] 79-6-1 

7. Small Business Investment Companies 79-7-1 

9. Professional Corporations [Repealed] 79-9-1 

10. Mississippi Professional Corporation Act 79-10-1 

11. Nonprofit, Nonshare Corporations and Religious 

Societies 79-11-1 

12. Partnerships [Repealed] 79-12-1 

13. Uniform Partnership Act (1997) 79-13-101 

14. Mississippi Limited Partnership Act 79-14-101 

15. Investment Trusts 79-15-1 

16. Mississippi Registration of Foreign Business 

Trusts Act 79-16-1 

17. Agricultural Associations; Conversion to Corpo- 

rate Form 79-17-1 

19. Agricultural Cooperative Marketing 

Associations 79-19-1 

21. Aquatic Products Marketing Association 79-21-1 

22. Mississippi Aquaculture Act of 1988 79-22-1 

23. Commercial and Proprietary Information 79-23-1 

25. Mississippi Shareholder Protection Act 79-25-1 

27. Mississippi Control Share Act 79-27-1 

29. Mississippi Limited Liability Company Act 79-29-101 

31. Mississippi Registration of Foreign Limited Lia- 
bility Partnerships Act [Repealed] 79-3 1- 1 

33. Corporate Successor Asbestos-Related Liability 

in Connection with Mergers or Consolidations 79-33-1 

xlii 



General Outline 

TITLE 81. BANKS AND FINANCIAL INSTITUTIONS 

Beginning 
Section 

Chapter 1. Department of Banking and Consumer Finance 81-1-1 

3. Incorporation and Organization of Banks 81-3-1 

5. General Provisions Relating to Banks and 

Banking 81-5-1 

7. Branch Banks 81-7-1 

8. Regional Banking Institutions 81-8-1 

9. Insolvent Banks 81-9-1 

11. Savings and Loan Associations [Repealed] 81-11-1 

12. Savings Associations Law 81-12-1 

13. Credit Unions 81-13-1 

14. Savings Bank Law 81-14-1 

15. Mississippi Rural Credit Law 81-15-1 

17. Farmers' Credit Associations 81-17-1 

18. Mississippi Mortgage Consumer Protection Law 81-18-1 

19. Consumer Loan Broker Act 81-19-1 

20. Consumer Complaints and Disputes Against 

Mortgage Companies 81-20-1 

21. Insurance Premium Finance Companies 81-21-1 

22. Mississippi Debt Management Services Act [81-22-1 

23. Interstate Bank Branching 81-23-1 

25. The Mississippi International Banking Act 81-25-1 

27. Multistate, State and Limited Liability Trust 

Institutions 81-27-1.001 

TITLE 83. INSURANCE 

Chapter 1. Department of Insurance 83-1-1 

2. Competitive Rating for Property and Casualty 

Insurance 83-2-1 

3. Insurance Commissioner, Rating Bureau and 

Rates 83-3-1 

5. General Provisions Relative to Insurance and 

Insurance Companies 83-5-1 

6. Registration and Examination of Insurers 83-6-1 

7. Life Insurance 83-7-1 

9. Accident, Health and Medicare Supplement 

Insurance 83-9-1 

11. Automobile Insurance 83-11-1 

13. Fire Insurance 83-13-1 

14. Homeowners' and Farmowners' Insurance 

[Repealed] 83-14-1 

15. Title Insurance 83-15-1 

17. Insurance Agents, Solicitors, or Adjusters 83-17-1 



xliii 



General Outline 

TITLE 83. INSURANCE (Cont'd) 

Beginning 
Section 

18. Insurance Administrators and Managing Gen- 

eral Agents 83-18-1 

19. Domestic Companies 83-19-1 

20. Domicile Change for Domestic and Foreign 

Insurers 83-20-1 

21. Foreign Companies 83-21-1 

23. Insolvent Insurance Companies; Insurance 

Guaranty Association 83-23-1 

24. Insurers Rehabilitation and Liquidation Act ... . 83-24-1 

25. Co-operative Insurance 83-25-1 

27. Surety Companies 83-27-1 

29. Fraternal Societies 83-29-1 

30. Larger Fraternal Benefit Societies 83-30-1 

31. Mutual Companies 83-31-1 

33. Reciprocal Insurance 83-33-1 

34. Windstorm Underwriting Association 83-34-1 

35. Underwriting Association [Repealed] 83-35-1 

36. Joint Underwriting Association for Medical Mal- 

practice Insurance 83-36-1 

37. Burial Associations 83-37-1 

38. Mississippi Residential Property Insurance Un- 

derwriting Association Law 83-38-1 

39. Bail Bonds and Bondsmen 83-39-1 

41. Hospital and Medical Service Associations and 

Contracts 83-41-1 

43. Nonprofit Dental Service Corporations 83-43-1 

45. Nonprofit, Community Service Blood Supply 

Plans 83-45-1 

47. Nonprofit Medical Liability Insurance 

Corporations 83-47-1 

48. Medical Malpractice Insurance Availability Act 83-48-1 

49. Legal Expense Insurance 83-49-1 

51. Dental Care Benefits 83-51-1 

53. Credit Life and Credit Disability Insurance .... 83-53-1 

54. Mississippi Creditor-Placed Insurance Act 83-54-1 

55. Risk Retention Act 83-55-1 

57. Home Warranties [Repealed] 83-57-1 

58. New Home Warranty Act 83-58-1 

59. Business Transacted With Producer Controlled 

Insurer Act 83-59-1 

61. Voluntary Basic Health Insurance Coverage Law 83-61-1 

62. Health Savings Accounts 83-62-1 

63. Small Employer Health Benefit Plans 83-63-1 



xliv 



General Outline 



TITLE 83. INSURANCE (Cont'd) 

Beginning 
Section 

64. Health Discount Plans 83-64-1 

65. Regulation of Vehicle Service Contracts 83-65-101 

67. Utilization of Modern Systems for Holding and 

Transferring Securities Without Physical 

Delivery 83-67-1 

TITLE 85. DEBTOR-CREDITOR RELATIONSHIP 

Chapter 1. Assignment for Benefit of Creditors 85-1-1 

3. Exempt Property 85-3-1 

5. Joint and Several Debtors 85-5-1 

7. Liens 85-7-1 

8. Uniform Federal Lien Registration Act 85-8-1 

9. Debt Adjusting or Credit Arranging [Repealed] . 85-9-1 

TITLE 87. CONTRACTS AND CONTRACTUAL RELATIONS 

Chapter 1. Gambling and Future Contracts 87-1-1 

3. Power and Letters of Attorney 87-3-1 

5. Principal and Surety 87-5-1 

7. Improvements to Real Property 87-7-1 

9. General Provisions 87-9-1 

TITLE 89. REAL AND PERSONAL PROPERTY 

Chapter 1. Land and Conveyances 89-1-1 

2. Liability of Recreational Landowners 89-2-1 

3. Acknowledgments 89-3-1 

5. Recording of Instruments 89-5-1 

6. Mississippi Plane Coordinate System 89-6-1 

7. Landlord and Tenant 89-7-1 

8. Residential Landlord and Tenant Act 89-8-1 

9. Condominiums 89-9-1 

11. Escheats 89-11-1 

12. Uniform Disposition of Unclaimed Property Act 89-12-1 

13. Party Fences 89-13-1 

15. Party Walls 89-15-1 

17. Salvage 89-17-1 

19. Mississippi Conservation Easements 89-19- 1 

21. Uniform Disclaimer of Property Interests Act .. 89-21-1 

TITLE 91. TRUSTS AND ESTATES 

Chapter 1. Descent and Distribution 91-1-1 

xlv 



Chapter 



Chapter 



3. 

5. 

7. 

9. 
11. 
13. 
15. 
17. 
19. 
20. 
21. 



1. 

3. 

5. 

7. 

9. 
11. 
12. 

13. 
15. 
16. 
17. 

19. 
21. 
22. 

23. 

25. 
27. 



1. 
3. 
5. 

7. 



General Outline 

TITLE 91. TRUSTS AND ESTATES (Cont'd) 

Beginning 
Section 

Uniform Simultaneous Death Law 91-3-1 

Wills and Testaments 91-5-1 

Executors and Administrators 91-7-1 

Trusts and Trustees 91-9-1 

Fiduciary Security Transfers 91-11-1 

Fiduciary Investments 91-13-1 

Release of Powers of Appointment 91-15-1 

Uniform Principal and Income Law 91-17-1 

Gifts to Minors [Repealed] 91-19-1 

Transfers to Minors 91-20-1 

Uniform Transfer-on-Death Security Registra- 
tion Act 91-21-1 

TITLE 93. DOMESTIC RELATIONS 

Marriage 93-1-1 

Husband and Wife 93-3-1 

Divorce and Alimony 93-5-1 

Annulment of Marriage 93-7-1 

Bastardy 93-9-1 

Enforcement of Support of Dependents 93-11-1 

Enforcement of Child Support Orders from For- 
eign Jurisdictions 93-12-1 

Guardians and Conservators 93-13-1 

Termination of Rights of Unfit Parents 93- 15-1 

Grandparents' Visitation Rights 93- 16- 1 

Adoption, Change of Name, and Legitimation of 

Children 93-17-1 

Removal of Disability of Minority 93-19-1 

Protection from Domestic Abuse 93-21-1 

Uniform Interstate Enforcement of Domestic Vi- 
olence Protection Orders 93-22-1 

Uniform Child Custody Jurisdiction Act 

[Repealed] 93-23-1 

Uniform Interstate Family Support Act 93-25-1 

Uniform Child Custody Jurisdiction and En- 
forcement Act 93-27-101 

TITLE 95. TORTS 

Libel and Slander 95-1-1 

Nuisances 95-3-1 

Trespass 95-5-1 

Liability Exemption for Donors of Food 95-7-1 



xlvi 



General Outline 
TITLE 95. TORTS (Cont'd) 



9. Liability Exemption for Volunteers and Sports 
Officials 

11. Liability Exemption for Equine and Livestock 
Activities 

13. Liability Exemption for Noise Pollution by Sport- 
shooting Ranges 

TITLE 97. CRIMES 

Chapter 1. Conspiracy, Accessories and Attempts 

3. Crimes Against the Person 

5. Offenses Affecting Children 

7 . Crimes Against Sovereignty or Administration of 

Government 

9. Offenses Affecting Administration of Justice 

11. Offenses Involving Public Officials 

13. Election Crimes 

15. Offenses Affecting Highways, Ferries and 

Waterways 

17. Crimes Against Property 

19. False Pretenses and Cheats 

21. Forgery and Counterfeiting 

23. Offenses Affecting Trade, Business and 

Professions 

25. Offenses Affecting Railroads, Public Utilities and 

Carriers 

27. Crimes Affecting Public Health 

29. Crimes Against Public Morals and Decency 

31. Intoxicating Beverage Offenses 

32. Tobacco Offenses 

33. Gambling and Lotteries 

35. Crimes Against Public Peace and Safety 

37. Weapons and Explosives 

39. Dueling 

41. Cruelty to Animals 

43. Racketeer Influenced and Corrupt Organization 

Act (RICO) 

44. Mississippi Streetgang Act 

45. Computer Crimes and Identity Theft 

TITLE 99. CRIMINAL PROCEDURE 

Chapter 1. General Provisions; Time Limitations; Costs . . . 
3. Arrests 



Beginning 
Section 

95-9-1 

95-11-1 

95-13-1 



97-1- 
97-3- 
97-5- 

97-7- 

97-9- 

97-11- 

97-13- 



97-15-1 
97-17-1 
97-19-1 
97-21-1 

97-23-1 

97-25-1 
97-27-1 
97-29-1 
97-31-1 
97-32-1 
97-33-1 
97-35-1 
97-37-1 
97-39-1 
97-41-1 

97-43-1 
97-44-1 
97-45-1 



99-1-1 
99-3-1 



xlvii 



General Outline 

TITLE 99. CRIMINAL PROCEDURE (Cont'd) 

Beginning 
Section 

5. Bail 99-5-1 

7. Indictment 99-7-1 

9. Process 99-9-1 

11. Jurisdiction and Venue 99-11-1 

13. Insanity Proceedings 99-13-1 

15. Pretrial Proceedings 99-15-1 

17. Trial 99-17-1 

18. Mississippi Capital Defense Litigation Act 99-18-1 

19. Judgment, Sentence, and Execution 99-19-1 

20. Community Service Restitution 99-20-1 

21. Fugitives From Other States 99-21-1 

23. Peace Bonds 99-23-1 

25. Forms 99-25-1 

27. Proceedings for Intoxicating Beverage Offenses 99-27-1 

29. Vagrancy Proceedings 99-29-1 

31. Obscene Publications Proceedings [Repealedl .. 99-31-1 

33. Prosecutions Before Justice Court Judges 99-33-1 

35. Appeals 99-35-1 

36. Victim Assistance Coordinator 99-36-1 

37. Restitution to Victims of Crimes 99-37-1 

38. Crime Victim's Escrow Account Act 99-38-1 

39. Post-Conviction Proceedings 99-39-1 

40. Office of Indigent Appeals 99-40-1 

41. Mississippi Crime Victims' Compensation Act .. 99-41-1 

43. Mississippi Crime Victims' Bill of Rights 99-43-1 

45. Statewide Automated Victim Information and 

Notification System 99-45-1 



xlviii 



MISSISSIPPI CODE 
1972 

ANNOTATED 
VOLUME TEN 



TITLE 35 
WAR VETERANS AND PENSIONS 

Chapter 1. State Veterans Affairs Board 35-1-1 

Chapter 3. War Veterans; Miscellaneous Provisions 35-3-1 

Chapter 5. Guardianship of Veterans 35-5-1 

Chapter 7. Veterans' Home Purchase Law 35-7-1 

Chapter 9. Pensions [Repealed] 

CHAPTER 1 
State Veterans Affairs Board 

In General 35-1-1 

Mississippi State Veterans Home 35-1-19 

Mississippi Veterans Memorial Cemetery 35-1-41 

IN GENERAL 



Sec. 
35-1-1. 

35-1-3. 



35-1 
35-1 
35-1 
35-1 
35-1 
35-1 
35-1 



5. 

7. 

9. 

11. 

13. 

15. 

17. 



Creation of State Veterans Affairs Board; composition; qualifications, 

appointment and terms of office of members; officers; meetings. 

Appointment of executive director, deputy director, managers of major 

functional areas, and managers of state veterans homes. 

Compensation of members of board and staff. 

General duties and powers of board. 

Cooperation by county welfare departments. 

Repealed. 

Seal of board. 

Notarial powers of employees. 

Office. 



35-1-1. Creation of State Veterans Affairs Board; composi- 
tion; qualifications, appointment and terms of office of mem- 
bers; officers; meetings. 

(l)(a) There is hereby created a State Veterans Affairs Board, to consist of 
seven (7) members, to be appointed by the Governor, one (1) from each 
congressional district as they existed on January 1, 1952, of the State of 



§ 35-1-1 War Veterans and Pensions 

Mississippi. One (1) shall be appointed for one (1) year, another for two (2) 
years, another for three (3) years, another for four (4) years, another for five 
(5) years, another for six (6) years, and another for seven (7) years, thus 
staggered. At the end of such term for each of said seven (7) members, a 
successor shall be appointed for a term of seven (7) years, thus providing for 
seven (7) members, one (1) of whom shall be appointed each year. In the 
event of death, resignation or removal of a member of the board, such person 
appointed to fill the vacancy shall be a legal resident of the congressional 
district in which the vacancy shall occur, and shall serve for the remainder 
of the term to which such member was appointed. Members of the board 
shall be veterans of any war or police action in which the Armed Forces of the 
United States have been, are, or shall be committed for action, who have 
been honorably discharged or honorably released. 

(b) From and after May 14, 1992, terms of all members then serving on 
the State Veterans Affairs Board shall terminate, and the board shall be 
reconstituted as follows: The board shall consist of seven (7) members. All 
members shall be appointed by the Governor, with the advice and consent of 
the Senate. One (1) member shall be appointed from each congressional 
district as such districts existed on March 1, 1992, and two (2) members shall 
be appointed from the state at large. Of the initial congressional district 
appointees to the board, one (1) shall serve for a term of one (1) year, one (1) 
for a term of two (2) years, one (1) for a term of three (3) years, one (1) for a 
term of four (4) years and one (1) for a term of five (5) years. Of the initial 
at-large appointees, one (1) (who shall be that person appointed in January 
1992 from the First Congressional District under the provisions of para- 
graph (a) of this subsection) shall serve for a term of three (3) years and one 
(1) (who shall be that person appointed in January 1992 from the Seventh 
Congressional District under the provisions of paragraph (a) of this subsec- 
tion) shall serve for a term of five (5) years. All appointees after the initial 
appointees shall serve for terms of five (5) years each. In the event of death, 
resignation or removal of a member of the board, the vacancy shall be filled 
by appointment of the Governor, with the advice and consent of the Senate, 
from the congressional district in which the vacancy occurs, for the length of 
the unexpired term only. Members of the board shall be honorably dis- 
charged or released veterans of any war or police action in which the Armed 
Forces of the United States have been, are, or shall be committed for action. 
No state/department commander of any federally recognized veterans orga- 
nization, no national officer of any federally recognized veterans organiza- 
tion and no member of the Mississippi Council of Veterans Organizations 
shall be eligible for appointment to the board until the expiration of a period 
of three (3) years after the termination of their service in such disqualifying 
positions. 

(2) Members of the board shall annually elect as chairman one of their 
number and another member as vice-chairman. Members of the board shall 
hold regular monthly meetings and such other meetings as may be called by 
the chairman or the vice-chairman in his absence. 

2 



State Veterans Affairs Board § 35-1-3 

SOURCES: Codes, 1942, § 7486-01; Laws, 1948, ch. 504, § 1; Laws, 1952, ch. 314, 
§ 1; Laws, 1992, ch. 535, § 1, eff from and after passage (approved May 14, 
1992). 

Cross References — Veterans' preference in appointments by the state personnel 
board, see §§ 25-9-301 to 25-9-305. 

Authority for establishment of Mississippi State Veterans home, see § 35-1-19. 

Federal Aspects — The laws relating to veterans are administered by the United 
States Department of Veterans Affairs. See 38 USCS §§ 301 et seq. 

ATTORNEY GENERAL OPINIONS 

Because the statute which establishes law or charter providing otherwise, com- 

the State Veterans Affairs Board does not mon law prevails over any attempt to 

contain specific provisions to define a quo- alter the requirements for a quorum, 

rum, a quorum consists of a majority of Burnham, July 26, 2002, A.G. Op. #02- 

the board members; further, absent state 0400. 

RESEARCH REFERENCES 

Am Jur. 77 Am. Jur. 2d, Veterans and 
Veterans' Laws §§ 1 et seq. 

§ 35-1-3. Appointment of executive director, deputy director, 
managers of major functional areas, and managers of state 
veterans homes. 

The State Veterans Affairs Board shall appoint, to serve at the will and 
pleasure of the board, an executive director, (who shall also serve as Executive 
Secretary of the State Veterans Affairs Board), a deputy director, individuals to 
manage each of the agency's major functional areas and individuals to manage 
each of the state veterans homes. The executive director and deputy director 
shall be honorably discharged or honorably released veterans of the Armed 
Forces of the United States. The board may establish additional minimum 
qualifications for agency positions. 

SOURCES: Codes, 1930, §§ 7328, 7329; Laws, 1942, § 7486-02; Laws, 1926, ch. 
339; Laws, 1942, ch. 322; Laws, 1948, ch. 504, § 2; Laws, 1952, ch. 314, § 2; 
Laws, 1960, ch. 401; Laws, 1994, ch. 425, § 1; Laws, 1995, ch. 612, § 1; Laws, 
1999, ch. 476, § 1; Laws, 2001, ch. 522, § 1, eff from and after July 1, 2001. 

Editor's Note — Laws of 1999, ch. 476, § 5, provides: 

"SECTION 5. Nothing in this act shall affect or defeat any claim, assessment, appeal, 
suit, right or cause of action for taxes due or accrued under the highway privilege tax 
laws or the Motor Vehicle Ad Valorem Tax Law of 1958 before the date on which this act 
becomes effective, whether such claims, assessments, appeals, suits or actions have 
been begun before the date on which this act becomes effective or are begun thereafter; 
and the provisions of the highway privilege tax laws or the Motor Vehicle Ad Valorem 
Tax Law of 1958 are expressly continued in full force, effect and operation for the 
purpose of the assessment, collection and enrollment of liens for any taxes due or 
accrued and the execution of any warrant under such laws before the date on which this 

3 



§ 35-1-5 War Veterans and Pensions 

act becomes effective, and for the imposition of any penalties, forfeitures or claims for 
failure to comply with such laws." 

§ 35-1-5. Compensation of members of board and staff. 

The members of the State Veterans Affairs Board shall receive no salary 
but shall be entitled to a per diem allowance in the amount provided in Section 
25-3-69 while in attendance at any regular or called meeting of the board or 
while in the performance of other official duties in connection with the work of 
the board as authorized or directed by the board. The members of the board 
shall receive, in addition thereto, actual and necessary expenses as provided by 
law in the performance of such duties. 

The compensation of all employees of the board, including the executive 
director, deputy director and division directors, shall be paid from such monies 
as the Legislature shall from time to time appropriate. 

SOURCES: Codes, 1930, §§ 7328, 7329, 7331; Laws, 1942, §§ 7486-01, 7486-02, 
7486-05; Laws, 1926, ch. 339; Laws, 1930, ch. 93; Laws, 1942, ch. 322; Laws, 
1948, ch. 504, §§ 1, 2, 5; Laws, 1952, ch. 314, §§ 1, 2, 5; Laws, 1956, ch. 350; 
Laws, 1958, ch. 342; Laws, 1960, chs. 282, 401; Laws, 1966, ch. 445, § 22; 
Laws, 1975, ch. 389; Laws, 1985, ch. 420; Laws, 1994, ch. 425, § 2; Laws, 1995, 
ch. 612, § 2; Laws, 1999, ch. 476, § 2, eff from and after passage (approved 
Mar. 29, 1999.) 

Editor's Note — Laws of 1999, ch. 476, § 5, provides: 

"SECTION 5. Nothing in this act shall affect or defeat any claim, assessment, appeal, 
suit, right or cause of action for taxes due or accrued under the highway privilege tax 
laws or the Motor Vehicle Ad Valorem Tax Law of 1958 before the date on which this act 
becomes effective, whether such claims, assessments, appeals, suits or actions have 
been begun before the date on which this act becomes effective or are begun thereafter; 
and the provisions of the highway privilege tax laws or the Motor Vehicle Ad Valorem 
Tax Law of 1958 are expressly continued in full force, effect and operation for the 
purpose of the assessment, collection and enrollment of liens for any taxes due or 
accrued and the execution of any warrant under such laws before the date on which this 
act becomes effective, and for the imposition of any penalties, forfeitures or claims for 
failure to comply with such laws." 

§ 35-1-7. General duties and powers of board. 

The duties of the State Veterans Affairs Board shall be to assist former and 
present members of the Armed Forces of the United States, and their 
dependents, in securing any benefits or privileges under any federal or state 
law or regulation to which they are entitled and to advise the Governor and 
Legislature on veterans affairs. Moreover, veterans or their dependents shall 
be given their choice of organizations to represent them in instances where a 
case is appealed, and the board shall lend its full cooperation in connection 
therewith. 

The board and its employees shall cooperate fully with all congressionally 
chartered veterans organizations within the state, including servicing the 
power of attorney of the congressionally chartered veterans organizations 
upon the request of the organizations to the State Veterans Affairs Board in the 



State Veterans Affairs Board § 35-1-9 

prosecution of all claims on behalf of veterans. However, all powers of attorney 
to the State Veterans Affairs Board shall be processed first, and thereafter, 
powers of attorney shall be processed for veterans organizations in the ratio 
that the membership of the organization bears to the total number of veterans 
residing in Mississippi. 

The State Veterans Affairs Board is designated as the "state approving 
agency" for the State of Mississippi. It shall be the duty of the State Veterans 
Affairs Board to inspect, approve and supervise schools, institutions and 
establishments for war orphan and veteran training as provided in Section 
1771, Chapter 35, Title 38, United States Code, and in any subsequent acts 
passed by the Congress of the United States for the purpose of education and 
training of war orphans or former and present members of the Armed Forces 
of the United States. The State Veterans Affairs Board is authorized to employ 
the needed personnel to perform the duties as outlined in Section 1771, 
Chapter 35, Title 38, United States Code, and in any subsequent acts as 
enacted by the Congress of the United States, and to enter into contract with 
the Department of Veterans Affairs for salary and travel reimbursement for 
personnel employed for this purpose. 

The State Veterans Affairs Board shall operate all Mississippi state 
veterans homes when established as authorized by Sections 35-1-19 through 
35-1-29. 

The State Veterans Affairs Board is authorized to adopt such policies and 
to prescribe such rules and regulations as it may deem necessary for the proper 
administration of this chapter. However, such policies and regulations shall 
not be in conflict with any of the provisions of this chapter. 

SOURCES: Codes, 1930, § 7330; Laws, 1942, § 7486-03; Laws, 1926, ch. 339; 
Laws, 1942, ch. 322; Laws, 1948, ch. 504, § 3; Laws, 1952, ch. 314, § 3; Laws, 
1966, ch. 534, § 1; Laws, 1980, ch. 466, § 7; Laws, 1993, ch. 426, § 1; Laws, 
1994, ch. 425, § 3, eff from and after passage (approved March 16, 1994). 

Cross References — Duties and powers of state veterans affairs board with respect 
to Mississippi State Veterans Home, see §§ 35-1-25 to 35-1-29. 

Duties of board with respect to county veteran service officers, see § 35-3-21. 

War veterans memorial commission, see §§ 35-3-24, 35-3-26, 35-3-27. 

Federal Aspects — Section 1771 of Title 38, United States Code, referred to in this 
section, was reclassified as 38 USCS § 3671. 

§ 35-1-9. Cooperation by county welfare departments. 

In addition to all other duties now or hereafter imposed by law, it shall be 
the duty of the county departments of public welfare, to cooperate with the 
state veterans affairs board, and to aid all residents of the State of Mississippi 
who served in the military or naval forces of the United States during any war 
or police action in which the armed forces of the United States have been, are, 
or shall be committed for action, their relatives, beneficiaries or dependents, in 
receiving from the United States any and all compensations, hospitalization, 



§ 35-1-11 War Veterans and Pensions 

insurance, other aid or benefits to which they may be entitled under existing 
or hereafter enacted laws of the United States. 

This section shall not be held to repeal any existing law relative to the 
duties of such county departments, but shall be supplemental and cumulative 
thereto. 

SOURCES: Codes, 1942, § 7486-09; Laws, 1944, ch. 294; Laws, 1948, ch. 504, § 9; 
Laws, 1952, ch. 314, § 6. 

Cross References — Creation and composition of the county departments of Human 
Services, see § 43-1-9. 

§ 35-1-11. Repealed. 

Repealed by Laws, 1980, ch. 338, efffrom and after July 1, 1980. 
[Codes, 1942, § 7486-04; Laws, 1948, ch. 504, § 4; 1952, ch. 314, § 4] 

Editor's Note — Former § 35-1-11 related to restrictions on affiliation of members 
of state veterans affairs board, employees of board, and service commissioners with 
veterans organization. 

§ 35-1-13. Seal of board. 

The executive director appointed by the State Veterans Affairs Board shall 
have a seal which shall be in the form of a circle with the image of an eagle in 
the center and around the margin the words: "State Veterans Affairs Board 
State of Mississippi," and under the image of the eagle the word: "Official." 

The executive director, deputy director, division directors and state veter- 
ans service officers shall affix the seal prescribed by this section to every 
document where the same is required by law, and to every certificate and other 
official paper executed by them where necessary or proper. All documents 
authenticated with the seal and signed by the executive director, deputy 
director, a division director or a state veteran service officer shall be recognized 
as properly attested to in the same manner as if authenticated by notaries 
public, summary court officials and others authorized by law to take acknowl- 
edgments. All copies of papers, copied or certified to by the executive director, 
deputy director, a division director or a state veterans service officer and 
authenticated by the seal, shall be accepted in all matters equally in like 
manner as the original. 

SOURCES: Codes, 1930, § 7338; Laws, 1942, § 7486-07; Laws, 1930, ch. 6; Laws, 
1934, ch. 167; Laws, 1948, ch. 504, § 7; Laws, 1994, ch. 425, § 4; Laws, 1995, 
ch. 612, § 3, eff from and after passage (approved April 7, 1995). 

§ 35-1-15. Notarial powers of employees. 

The executive director appointed by the State Veterans Affairs Board, the 
deputy director, division director and state veterans service officers shall have 
power to administer oaths and affirmations and to take acknowledgments 

6 



State Veterans Affairs Board § 35-1-19 

anywhere within the State of Mississippi under the board's seal of office and to 
perform all other duties required of notaries public. 

SOURCES: Codes, 1930, § 7334; Laws, 1942, § 7486-08; Laws, 1930, ch. 6; Laws, 
1934, ch. 167; Laws, 1948, ch. 504, § 8; Laws, 1994, ch. 425, § 5; Laws, 1995, 
ch. 612, § 4, eff from and after passage (approved April 7, 1995). 

Cross References — Notaries public generally, see §§ 25-33-1 et seq. 
Notarial powers of the post service officers of nationally chartered veteran organiza- 
tions, see § 35-3-7. 

§ 35-1-17. Office. 

The Department of Finance and Administration shall furnish suitable 
office space for the board and its employees. 

SOURCES: Codes, 1930, § 7332; Laws, 1942, § 7486-06; Laws, 1926, ch. 339; 
Laws, 1948, ch. 504, § 6; Laws, 1994, ch. 425, § 6, eff from and after passage 
(approved March 16, 1994). 

MISSISSIPPI STATE VETERANS HOME 

Sec. 

35-1-19. Establishment of Mississippi State Veterans Home; establishment of 

other veterans homes. 

35-1-21. Governing authority; operation and maintenance; purchase of services, 

commodities, etc., from federal government; State Veterans Affairs 
Board authorized to operate and maintain state veterans homes without 
contracting for management purposes with any nongovernmental entity 
or United States Department of Veterans Affairs; board authorized to 
hire administrators and other personnel; State Department of Health to 
conduct certification survey of veterans home in Collins. 

35-1-23. Acceptance and use of federal funds. 

35-1-25. Determination of staffing needs; purchasing of equipment. 

35-1-27. Standards for admissions and dismissals; rules and regulations. 

35-1-29. Acceptance and use of gifts and donations. 

35-1-31. Mississippi State Veterans' Home in Jackson designated as "The Gen- 

eral Hilton R. 'Jack' Vance Mississippi State Veterans' Home". 

§ 35-1-19. Establishment of Mississippi State Veterans Home; 
establishment of other veterans homes. 

There is hereby authorized to be established by the State Veterans Affairs 
Board, the Mississippi State Veterans Home on a site to be determined by the 
State Veterans Affairs Board, with the approval of the Bureau of Building, 
Grounds and Real Property Management of the Governor's Office of General 
Services, when funds are made available for such purpose by any agency of the 
federal government or other sources. The object and purpose of the establish- 
ment of the Mississippi State Veterans Home shall be to provide domiciliary 
care and other related services for eligible veterans of the State of Mississippi. 

One or more additional veterans homes or domiciliaries are hereby 
authorized to be established by the State Veterans Affairs Board on sites in 



§ 35-1-21 War Veterans and Pensions 

northern, central or southern Mississippi, to be determined by the State 
Veterans Affairs Board, with the approval of the Department of Finance and 
Administration, when funds are made available for such purpose by any 
agency of the federal government or other sources. The Veterans Affairs Board 
shall give the three (3) regions, northern, southern and central priority as to 
where the veterans home shall be located, with the northern region having 
first priority, the southern region having the next level priority and the central 
region being third in order of priority. The object and purpose of the establish- 
ment of such additional homes or domiciliaries shall be to provide domiciliary 
care and other related services for eligible veterans of the State of Mississippi. 
The State Veterans Affairs Board shall not be required to obtain certificates of 
need to carry out the intent and purpose of this section. 

SOURCES: Laws, 1980, ch. 466, § 1; Laws, 1985, ch. 307; Laws, 1993, ch. 426, § 2, 
eff from and after passage (approved March 22, 1993). 

Editor's Note — Section 7-1-451 provides that wherever the term "Office of General 
Services" appears in any law the same shall mean the Department of Finance and 
Administration. 

Cross References — State veterans affairs board generally, see §§ 35-1-1 et seq. 

RESEARCH REFERENCES 

Am Jur. 77 Am. Jur. 2d, Veterans and 
Veterans Laws §§ 57 et seq. 

§ 35-1-21. Governing authority; operation and maintenance; 
purchase of services, commodities, etc., from federal gov- 
ernment; State Veterans Affairs Board authorized to operate 
and maintain state veterans homes without contracting for 
management purposes with any nongovernmental entity or 
United States Department of Veterans Affairs; board autho- 
rized to hire administrators and other personnel; State 
Department of Health to conduct certification survey of 
veterans home in Collins. 

(1) Upon the establishment of the Mississippi State Veterans Home, and 
any additional homes as may be established, the Mississippi State Veterans 
Affairs Board is hereby designated as the governing authority of any such 
facilities. The operation and maintenance of all veterans homes shall meet the 
standards of the United States Department of Veterans Affairs with regard to 
the operation of state veterans homes. 

(2) The State Veterans Affairs Board may contract with nongovernmental 
entities or the United States Department of Veterans Affairs to operate state 
veterans homes. The board may contract with the vendor whose proposal is 
most advantageous to the state and veterans, taking into consideration cost 
factors, program suitability factors, management plan, delivery of care and 
service to residents, excellence of program design, key personnel, corporate or 

8 






State Veterans Affairs Board § 35-1-21 

company resources, financial condition of the vendor, corporate experience and 
past performance, and any other requirements deemed necessary by the board 
and expressed in its solicitation for proposals. Contract(s) awarded under this 
section may be for periods exceeding one (1) year. The board is not required to 
select the vendor offering the lowest cost proposal but shall select the vendor 
who, in the board's discretion, offers the proposal most advantageous to the 
State of Mississippi and veterans. When any contract is awarded, the reason(s) 
for the awarding of the contract shall be entered on the minutes of the board. 
The provisions of this paragraph shall supersede any rule or regulation of the 
State Personnel Board to the contrary. 

(3) The State Veterans Affairs Board may, as permitted by federal laws or 
regulations, purchase from the United States Department of Veterans Affairs, 
from contracts established by the United States Department of Veterans 
Affairs, or through other sharing agreements between the board and the 
United States Department of Veterans Affairs, services, commodities, supplies 
and equipment for use in operation of, and provision of care to residents of, the 
state veterans homes when such purchases or agreements are advantageous to 
the veterans and the state. 

(4) The State Veterans Affairs Board may operate and maintain the state 
veterans homes without entering into any contract for management purposes 
with any nongovernmental entity or the United States Department of Veterans 
Affairs to operate the homes. In such instances, the State Veterans Affairs 
Board shall be solely responsible for the operation and maintenance of the 
state veterans homes and shall hire the administrators and all other personnel 
for the veterans homes. The mission of the State Veterans Affairs Board in 
managing the state veterans homes shall be to provide domiciliary care and 
other related services for eligible veterans in the most cost efficient manner. 

(5) The State Department of Health shall perform an initial certification 
survey of the State Veterans Home in Collins, Mississippi, on or about July 1, 
2000. The purpose of this initial survey is to provide a baseline for measuring 
the quality of care during the period for which this section applies. In addition 
to the initial certification survey, the State Department of Health shall, as 
appropriate and in its discretion, conduct periodic follow-up certification 
surveys, during the period for which this section applies, of the State Veterans 
Home in Collins, Mississippi. 

SOURCES: Laws, 1980, ch. 466, § 2; Laws, 1993, ch. 426, § 3; Laws, 1995, ch. 612, 
§ 5; Laws, 1996, ch. 362, § 1; Laws, 2000, ch. 312, § 1; Laws, 2002, ch. 338, § 1, 
eff from and after July 1, 2002. 

Cross References — Duties and powers of state veterans affairs board, see 
§ 35-1-7. 

ATTORNEY GENERAL OPINIONS 

The State Veterans Affairs Board could the current contract; however, any such 
assume management and operation of cer- operation would be required to meet the 
tain nursing homes upon termination of standards of the U.S. Department of Vet- 

9 



§ 35-1-23 War Veterans and Pensions 

erans Affairs. Leslie, Nov. 16, 2001, A.G. 
Op. #01-0695. 

§ 35-1-23. Acceptance and use of federal funds. 

The Mississippi State Veterans Home and additional homes authorized by 
Section 35-1-7 and Sections 35-1-19 through 35-1-29 are authorized to accept 
funds from any source whatever, including the federal government or any 
department or agency thereof. All such funds received by the veterans home 
including funds from the United States or any federal agency or program for 
the support of persons housed or buried on the grounds of the Mississippi State 
Veterans Home and additional homes shall be used by the State Veterans 
Affairs Board to pay maintenance, operational and administrative expenses 
and to further the object and purpose of the Mississippi State Veterans Home 
and additional homes. 

SOURCES: Laws, 1980, ch. 466, § 3; Laws, 1993, ch. 426, § 4, eff from and after 
passage (approved March 22, 1993). 

Cross References — Duties and powers of state veterans affairs board generally, 
see § 35-1-7. 

§ 35-1-25. Determination of staffing needs; purchasing of 
equipment. 

It shall be the duty of the Mississippi State Veterans Affairs Board to 
determine the need and, within available funds for such purpose, to provide 
adequate staffing to operate the Mississippi State Veterans Home and such 
additional homes as may be constructed. The board is authorized, within 
available funds for such purpose, to purchase such equipment as necessary to 
facilitate the establishment and operation of the veterans homes. 

SOURCES: Laws, 1980, ch. 466, § 4; Laws, 1993, ch. 426, § 5, eff from and after 
passage (approved March 22, 1993). 

Cross References — Duties and powers of state veterans affairs board generally, 
see § 35-1-7. 

§ 35-1-27. Standards for admissions and dismissals; rules and 
regulations. 

The Mississippi Veterans Affairs Board shall determine and set conditions 
and standards for admission and dismissal of all persons to and from the 
Mississippi State Veterans Home and such additional homes as may be 
constructed. In addition, the board shall promulgate such rules and regula- 
tions as it deems necessary for the government of the Mississippi State 
Veterans Home and such additional homes as may be constructed. Such rules 
and regulations shall include the establishment of rates for patient care within 
the patient's ability to pay. 

10 



State Veterans Affairs Board § 35-1-41 

SOURCES: Laws, 1980, ch. 466, § 5; Laws, 1993, ch. 426, § 6, eff from and after 
passage (approved March 22, 1993). 

Cross References — Duties and powers of state veterans affairs board generally, 
see § 35-1-7. 

§ 35-1-29. Acceptance and use of gifts and donations. 

The Mississippi State Veterans Affairs Board is empowered to receive and 
accept gifts or donations, or both, for the benefit of the Mississippi State 
Veterans Home and such additional homes as may be constructed, and the 
same shall be used for carrying out the object and purpose of the veterans 
homes. 

SOURCES: Laws, 1980, ch. 466, § 6; Laws, 1993, ch. 426, § 7, eff from and after 
passage (approved March 22, 1993). 

Cross References — Duties and powers of state veterans affairs board generally, 
see § 35-1-7. 

§ 35-1-31. Mississippi State Veterans' Home in Jackson desig- 
nated as "The General Hilton R. 'Jack' Vance Mississippi 
State Veterans' Home". 

The Mississippi State Veterans' Home located in Jackson, Mississippi, 
shall be renamed the General Hilton R. "Jack" Vance Mississippi State 
Veterans' Home. The State Veterans' Affairs Board shall prepare a distinctive 
plaque, to be placed in a prominent place within the General Hilton R. "Jack" 
Vance Mississippi State Veterans' Home, which states the background, accom- 
plishments and service to the state of General Hilton R. "Jack" Vance. 

SOURCES: Laws, 2005, ch. 319, § 1, eff from and after passage (approved Mar. 
14, 2005.) 

Cross References — Duties and powers of state veterans affairs board generally, 
see § 35-1-7. 

MISSISSIPPI VETERANS MEMORIAL CEMETERY 

Sec. 

35-1-41. Establishment, operation and maintenance of the Mississippi Veterans 

Memorial Cemetery; eligibility for burial; administration; applications 
for burial; receipt of federal aid; Mississippi Veterans Cemetery Fund. 

§ 35-1-41. Establishment, operation and maintenance of the 
Mississippi Veterans Memorial Cemetery; eligibility for bur- 
ial; administration; applications for burial; receipt of fed- 
eral aid; Mississippi Veterans Cemetery Fund. 

(1) The State Veterans Affairs Board is authorized to establish, operate 

11 



§ 35-1-41 War Veterans and Pensions 

and maintain a Mississippi veterans cemetery in this state, which shall be 
known as the "Mississippi Veterans Memorial Cemetery." 

(2) The State Veterans Affairs Board has the primary responsibility for 
verifying eligibility for interment in the veterans cemetery. Eligibility criteria 
for interment in the cemetery is the same as required for interment in a 
national cemetery as provided by federal law and rules and regulations 
applicable thereto. However, to be eligible for interment a veteran must have 
been a legal resident of the State of Mississippi for two (2) years immediately 
prior to his death. 

(3) The cemetery shall be under the control and administration of the 
State Veterans Affairs Board. 

(4) Applications for interment in the cemetery shall be processed in 
accordance with rules and regulations promulgated by the State Veterans 
Affairs Board. 

(5) The State Veterans Affairs Board is designated as the agency of this 
state to receive federal aid under Title 38 USC, as amended, and is authorized 
to receive funds from the United States Department of Veterans Affairs or any 
other agency of the United States authorized to grant or expend funds to assist 
a state in establishing, operating and maintaining a veterans cemetery. The 
board is authorized to receive gifts, contributions, bequests and individual 
reimbursements from any source, the receipt of which shall not exclude any 
other source of revenue. All funds received by the board pursuant to this 
subsection shall be deposited into a special fund, hereby created and known as 
the "Mississippi Veterans Cemetery Fund," and shall be expended to establish, 
operate and maintain a veterans cemetery in this state. The State Veterans 
Affairs Board is authorized to employ such personnel as it may deem necessary 
to carry out its duties and responsibilities under this section. 

SOURCES: Laws, 2004, ch. 545, § 10, eff from and after July 1, 2004. 

Editor's Note — Laws of 2007, ch. 396, § 1 provides: 

"SECTION 1. The Department of Wildlife, Fisheries and Parks, upon consultation 
with the Department of Finance and Administration, may transfer to the Mississippi 
State Veterans Affairs Board certain real property in Winston County, Mississippi, for 
the purpose of establishing a state military cemetery, subject to the property meeting 
certain conditions of the United States Department of Veterans Affairs necessary for 
designating property as a state or national cemetery site." 

Cross References — Duties and powers of state veterans affairs board generally, 
see § 35-1-7. 



12 



CHAPTER 3 
War Veterans; Miscellaneous Provisions 

Sec. 

35-3-1. Donation of land by municipality or county for veterans hospital, 

soldiers home, etc. 
35-3-3. Acquisition of land by municipality or county for veterans hospital, 

soldiers home, etc.; issuance of bonds or notes. 
35-3-5. Furnishing of quarters for veterans' organizations; issuance of bonds or 

notes. 
35-3-7. Performance of functions of notaries public by post service officers. 

35-3-9. Furnishing of free copies of birth and death certificates. 

35-3-11. Furnishing of free copies of records of chancery and circuit courts. 

35-3-13. Recordation without cost of honorable discharges and service certifi- 

cates. 
35-3-15. Acquisition of surplus federal or other property for use in training 

returned veterans. 
35-3-17. Governor to designate educational institutions for education of returned 

veterans under G. I. bill of rights. 
35-3-19. Investments and loans by financial institutions. 

35-3-21. County veteran service offices and officers. 

35-3-23. Repealed. 

35-3-24. War veterans memorial commission; membership; appointment; term of 

office; filling of vacancies; legislators and state personnel ineligible. 
35-3-25. Repealed. 

35-3-26. Organization of war veterans memorial commission; officers; records; 

meetings; quorum; members not compensated. 
35-3-27. Duties of war veterans memorial commission. 

35-3-29. Use or display of name or image of member of armed forces killed in 

active duty; permission of family required. 

§ 35-3-1. Donation of land by municipality or county for vet- 
erans hospital, soldiers home, etc. 

Any municipality or county in the State of Mississippi now owning or 
hereafter acquiring any land for public purposes may convey and grant said 
land to the United States of America, its successors or assigns, or to the State 
of Mississippi, upon and for any consideration deemed sufficient by the mayor 
and councilmen or aldermen of such municipality or the supervisors of a 
county when the purposes of the United States of America or the State of 
Mississippi in acquiring the land is to use same as a site for a veterans hospital 
or soldiers home or any other purpose connected with the care and attention of 
the veterans of the various wars of the United States. 

SOURCES: Codes, 1942, § 7512; Laws, 1931, ch. 9; Laws, 1993, ch. 426, § 8, eff 
from and after passage (approved March 22, 1993). 

Cross References — General grant of powers to municipalities, see § 21-17-1. 
Veterans' preference in appointments by the state personnel board, see §§ 25-9-301 
to 25-9-305. 

13 



§ 35-3-3 War Veterans and Pensions 

RESEARCH REFERENCES 

Am Jur. 77 Am. Jur. 2d, Veterans and 
Veterans' Laws §§ 63 et seq. 

§ 35-3-3. Acquisition of land by municipality or county for 
veterans hospital, soldiers home, etc.; issuance of bonds or 
notes. 

Any municipality or county in the State of Mississippi, within the confines 
of which or adjacent thereto, there has been built or authorized to be built by 
the government of the United States of America or the State of Mississippi, any 
veterans hospital, or veterans or soldiers home, is hereby authorized, within 
the discretion of the mayor and board of councilmen of such municipality or 
board of supervisors of a county, to appropriate from any funds on hand a 
sufficient amount with which to purchase lands or construct buildings and 
other improvements needed by the government of the United States of America 
or the State of Mississippi in the operation of any such hospital or soldiers or 
veterans home. If it be necessary for the lands needed by the United States of 
America or the State of Mississippi to be condemned by the United States of 
America or the State of Mississippi, under a declaration of taking, then any 
such municipality or county, in the discretion of the mayor and board of 
councilmen of such municipality or board of supervisors of a county, shall be 
authorized to pay into the register of any court in which said proceedings are 
pending such amount as may be designated by the United States of America or 
the State of Mississippi in its petition or declaration of taking, in which event 
said moneys shall become the property of the owners of said land after due 
legal process is had. Such municipality or county shall be responsible for any 
further or additional amounts adjudged in any such proceedings against the 
United States of America or the State of Mississippi, including all costs of the 
proceedings. 

The purpose for which the above appropriation is authorized is hereby 
declared a public purpose, for the welfare of citizens of this state, to wit, 
veterans of all of the wars of the United States of America. 

For the purpose of securing funds to carry out the purposes of this chapter, 
the governing authorities of such municipality, town or county are hereby 
authorized and empowered, in their discretion, to issue bonds or negotiable 
notes for the purpose of acquiring by purchase, gift or lease real estate for the 
purpose herein authorized. Such bonds or notes shall be issued in an amount 
not to exceed the limitation now or hereafter imposed by law on municipalities 
or towns or counties, and shall be issued in all respects including interest rate, 
maturities and other details as is now or may hereafter be provided by general 
law regulating the issuance of bonds or notes by the corporate authorities of 
such municipality or town, and the board of supervisors of such county. 

SOURCES: Codes, 1942, § 7513; Laws, 1932, ch. 233; Laws, 1993, ch. 426, § 9, eff 
from and after passage (approved March 22, 1993). 

14 



Veterans; Miscellaneous § 35-3-7 

Cross References — General grant of powers to municipalities, see § 21-17-1. 

RESEARCH REFERENCES 

Am Jur. 77 Am. Jur. 2d, Veterans and 
Veterans' Laws §§ 63 et seq. 

§ 35-3-5. Furnishing of quarters for veterans' organizations; 
issuance of bonds or notes. 

(1) The governing authorities of any municipality, town or county in the 
state may, in its discretion, rent, lease, purchase or construct a building or 
buildings to house the units of the various congressionally chartered veteran's 
organizations and the auxiliaries of such organizations, and the records of such 
organizations and their auxiliaries, and may, where necessary, acquire land by 
purchase, lease or otherwise for the purpose of constructing such building or 
buildings. 

(2) The expenses authorized by subsection (1) of this section may be paid 
by such municipality, town or county out of any available funds. 

(3) For the purpose of securing funds to carry out subsection (1) of this 
section, the governing authorities of such municipality, town or county are 
hereby authorized and empowered in their discretion to issue bonds or 
negotiable notes for the purpose of acquiring by purchase, gift or lease real 
estate for the purposes herein authorized, and also for owning, erecting, 
building, establishing, and maintaining such buildings herein authorized, and 
to remodel or repair any such building. Such bonds or notes shall be issued in 
an amount not to exceed the limitation now or hereafter imposed by law on 
municipalities or counties or towns, and shall be issued in all respects 
including interest rate, maturities and other details as is now or may hereafter 
be provided by general law regulating the issuance of bond or notes by the 
corporate authorities of such municipality or town, and the board of supervi- 
sors of such county. 

SOURCES: Codes, 1942, § 7513-01; Laws, 1944, ch. 177, §§ 1-3, eff June 30, 1944. 

RESEARCH REFERENCES 

ALR. Power of municipal corporation to 
lease or sublet property owned or leased 
by it. 47 A.L.R.3d 19. 

§ 35-3-7. Performance of functions of notaries public by post 
service officers. 

Each of the several post service officers of the nationally chartered veteran 
organizations in the State of Mississippi shall have power to administer oaths 
and affirmations and to take acknowledgments anywhere in the State of 
Mississippi under the official seal of office of any such post, and to perform all 
other duties required of notaries public in connection with matters affecting 

15 



§ 35-3-9 War Veterans and Pensions 

the veterans of all wars, their heirs and dependents, in claims against the 
United States government, but for no other purpose. There shall be no charge 
for the performance of this service. No bond shall be required and the 
commission shall be issued by the secretary of state and the governor without 
charge. 

Such post service officers shall affix the official seal of their respective 
posts to each document where the same is required by law, and to each 
certificate and other official paper executed by them where necessary or proper. 
All documents authenticated with said seal and signed by any such post 
service officer shall be recognized as properly attested to in the same manner 
as if authenticated by notaries public or others authorized by law to take 
acknowledgments. All copies of papers certified to by any such post service 
officer and authenticated by said seal shall be accepted in all matters equally 
in like manner as the original. The official seal of each post shall contain 
therein the name of the nationally chartered veteran organization. The name 
and number of the post and the commission of each post service officer shall be 
approved by the board of supervisors in the county where he resides, and 
enrolled upon the minutes of said board of supervisors before said post service 
officer shall be qualified to act. 

Any post service officer who shall abuse the privilege granted by this 
section shall be guilty of a misdemeanor and on conviction thereof shall be 
fined in a sum not to exceed one hundred dollars ($100.00) or imprisoned in the 
county jail not to exceed thirty days, or be both so fined and imprisoned. In 
addition thereto he shall be removed from office. 

SOURCES: Codes, 1942, § 7514; Laws, 1932, ch. 309; Laws, 1948, ch. 506. 

Cross References — Exception of notaries from the prohibition against office 
holders under any foreign government or the United States government holding any 
state office, see Miss. Const. Art. 14, § 266. 

Notaries public generally, see §§ 25-33-1 et seq. 

Notarial powers of the state veterans affairs commissioner and the assistant 
commissioners, see § 35-1-15. 

Imposition of standard state assessment in addition to all court imposed fines or 
other penalties for any misdemeanor violation, see § 99-19-73. 

§ 35-3-9. Furnishing of free copies of birth and death certifi- 
cates. 

When requested by the veterans administration, state veterans affairs 
board, any holder of a power of attorney from a veteran or his claimant, or any 
recognized veteran service officer, the bureau of vital statistics of the State of 
Mississippi shall furnish to such organizations or officers, without charge, 
copies of birth and death certificates when the same are needed to establish 
claims for dependency, disability or survivors' benefits for any veterans who 
are legal residents of the State of Mississippi, or their claimants. 

SOURCES: Codes, 1942, § 7515; Laws, 1932, ch. 128; Laws, 1954, ch. 316. 
16 



Veterans; Miscellaneous § 35-3-13 

Cross References — Additional fee for each original and each copy of a birth 
certificate to be deposited into the Mississippi Children's Trust Fund, see § 41-57-11. 

§ 35-3-11. Furnishing of free copies of records of chancery 
and circuit courts. 

When requested by the veterans administration, state veteran affairs 
board, any holder of a power of attorney from a veteran or his claimant, or any 
recognized veterans service officer, the chancery clerks and circuit clerks of all 
counties of the State of Mississippi shall, upon application by such organiza- 
tions or officers, furnish, without charge, certified copies of marriage licenses, 
divorce decrees, adoption decrees, and any and all other records when the same 
are needed to establish claims for dependency, disability or survivors' benefits 
for any veterans who are legal residents of the State of Mississippi, or their 
claimants. 

SOURCES: Codes, 1942, § 7515.5; Laws, 1954, ch. 315. 

§ 35-3-13. Recordation without cost of honorable discharges 
and service certificates. 

All chancery clerks, of all counties of the State of Mississippi, shall record, 
without any cost whatsoever to any person of the Armed Forces of the United 
States residing in the same county as the chancery clerk, all honorable 
discharges and all certificates of service of any and all members of the Armed 
Forces of the United States of America who have served in the Armed Forces 
of the United States, including the army, navy and marine, coast guard and 
nurses corps. 

The board of supervisors of all counties shall furnish to the chancery clerk 
all necessary supplies and equipment for the recording of these instruments, 
and allow out of the general fund of the county the sum of One Dollar ($1.00) 
for recording the discharge certificate. All certified copies will be furnished free 
without cost either to the soldier, sailor, marine, coast guardsman, nurse or the 
county. 

The chancery clerk of all counties shall keep a record of all honorable 
discharges and certificates of discharge in a separate record safeguarded and 
protected from theft, and definitely marked "Record of Discharged Members of 
the Armed Forces." The chancery clerk shall furnish certified copies of the 
discharge or discharge certificate of any veteran when so requested by the 
veteran, his dependents or his authorized representative; however, before 
furnishing any copy of the discharge or discharge certificate, the chancery clerk 
must verify the identity and relationship to the veteran of the person 
requesting the copy and must obtain and maintain on file a signed consent for 
the release of information from the veteran, dependent or authorized repre- 
sentative. 



17 



§ 35-3-15 War Veterans and Pensions 

SOURCES: Codes, 1942, § 7516; Laws, 1942, ch. 191; Laws, 1944, ch. 164, § 1; 
Laws, 1994, ch. 521, § 38; Laws, 2002, ch. 609, § 2, eff from and after July 1, 
2002. 

Cross References — Restoration of right of suffrage to honorably discharged 
veterans who had previously been convicted of crime, see § 99-19-37. 

ATTORNEY GENERAL OPINIONS 

Records of the chancery clerk are public soldier's and sailor's discharge records 

records unless specifically exempt by stat- may not be subject to restricted access by 

ute or subject to non disclosure by an way of adoption a county ordinance. Shep- 

appropriate court order and, therefore, ard, May 24, 2002, A.G. Op. #02-0265. 

RESEARCH REFERENCES 

ALR. Admissibility and effect of evi- Judicial review of military action with 
dence or comment on party's military ser- respect to type of discharge given member 
vice or lack thereof. 9 A.L.R.2d 606. of Armed Forces. 92 A.L.R. Fed. 333. 

§ 35-3-15. Acquisition of surplus federal or other property for 
use in training returned veterans. 

The governor of the State of Mississippi is hereby authorized to execute 
contracts with the United States of America, or any proper federal agency, for 
the purpose of obtaining for the State of Mississippi any and all kinds of 
surplus government property to be used by the various educational institu- 
tions of the State of Mississippi for the purpose of training returned veterans 
of the armed services under the G.I. bill of rights. 

The governor of the State of Mississippi is hereby authorized to accept in 
the name of the State of Mississippi any and all property of every kind, 
character and description which may be used by the proper educational 
institutions of the State of Mississippi for the purpose of training returned 
veterans of the armed services of the United States, particularly under the G.I. 
bill of rights as passed by the national congress. 

SOURCES: Codes, 1942, § 7516.3-02; Laws, 1946, ch. 206, §§ 1, 2. 

Federal Aspects — G.I. bill of rights; basic educational assistance, see 38 USCS 
§§ 3011 et seq. 

§ 35-3-17. Governor to designate educational institutions for 
education of returned veterans under G. I. bill of rights. 

Whenever the governor of the State of Mississippi has received and 
executed necessary contracts with the United States of America, or any agency 
thereof, turning over to the State of Mississippi any facilities of the United 
States, or any agency thereof, to be used for training, developing or educating 
returned veterans under the G.I. bill of rights, the governor shall then 
designate the institution of higher learning, or public junior college, or other 

18 



Veterans; Miscellaneous § 35-3-19 

qualified educational institution to take charge of, control and manage the 
same for such purposes. 

Any such institution of higher learning, or public junior college, or other 
qualified educational institution so designated by the governor, is hereby 
authorized and empowered to accept the facilities and to control, care for and 
manage the same. 

SOURCES: Codes, 1942, § 7516.3-01; Laws, 1946, ch. 249, §§ 1, 2. 

Federal Aspects — G.I. bill of rights; basic educational assistance, see 38 USCS 
§§ 3011 et seq. 

RESEARCH REFERENCES 

Am Jur. 77 Am. Jur. 2d, Veterans and 
Veterans' Laws §§ 132 et seq. 

§ 35-3-19. Investments and loans by financial institutions. 

Any bank, savings bank, trust company, insurance company, building and 
loan association or credit union is hereby authorized to invest its funds and 
monies, eligible for investment, in notes, bonds or other obligations secured by 
mortgage, deed of trust, or other lien on real property, title to which is fee 
simple or leasehold, or on personal property, in which except as to value of the 
property securing the lien, the priority of the lien thereon securing the 
obligation and the maturity thereof, and the quality of the title thereto, it is 
otherwise lawful for such investor to invest its funds, if the entire amount of 
the indebtedness is insured or guaranteed by the United States, or, if not so 
wholly insured or guaranteed, the difference between the entire amount of 
such indebtedness and that portion thereof which is insured or guaranteed by 
the United States does not exceed the amount permissible under the applicable 
law of this state, and meets the requirements thereof as to value of property 
and priority of lien. Any such lender except an insurance company may make 
an unsecured loan not exceeding $1,000.00 to an eligible veteran if at least 
one-half thereof is guaranteed pursuant to the Servicemen's Readjustment Act 
of 1944, as amended by the act of Congress approved December 28, 1945, being 
Chapter 588 of the first session of the 79th Congress. 

SOURCES: Codes, 1942, § 7516.5-01; Laws, 1946, ch. 360, § 1. 

Cross References — Authority to make loans or advances insured by federal 
government, see § 43-33-301. 

Powers in regard to trust, see § 81-5-33. 

Securities in which associations may invest, see §§ 81-12-155 through 81-12-165. 

Loans by credit unions generally, see § 81-13-43. 

Federal Aspects — Housing and small business loans for veterans, see 38 USCS 
§§ 3701 et seq. 



19 



§ 35-3-21 War Veterans and Pensions 

§ 35-3-21. County veteran service offices and officers. 

In order to maintain offices and pay personnel for the purpose of assisting 
all residents of the State of Mississippi who served in the military or naval 
forces of the United States during any war, their relatives, beneficiaries or 
dependents, to receive from the United States any and all compensation, 
hospitalization, insurance or other aid or benefits to which they may be 
entitled under existing or hereafter enacted laws of the United States, the 
boards of supervisors in the various counties in the state are hereby authorized 
and empowered, in their discretion, to expend out of the general county fund, 
or special veterans' fund herein authorized to be set up, or from both of such 
funds, such monies necessary to defray the office operating expenses and 
salary of the county veteran service officers. 

Two (2) or more counties may, upon resolution duly adopted by the board 
of supervisors of each of such counties, agree to establish one (1) veteran 
service office for all of such counties. When two (2) or more counties enter into 
such an agreement, each county shall pay such amount mutually agreed upon 
and duly adopted by resolution of the respective boards of supervisors. 

County veteran service officers shall be (a) honorably discharged or 
honorably released veterans of any war or police action in which the Armed 
Forces of the United States have been, are or shall be committed for action; (b) 
the surviving spouse or child of any such deceased veteran; or (c) any person 
employed as a county veteran service officer in any county of this state on 
March 30, 1990. From and after July 1, 1990, county veteran service officers 
shall be certified by the Mississippi State Veterans' Affairs Board which, 
among any other criteria it may establish, shall require such officers to (a) 
attend at least one (1) of the two (2) annual training programs provided for 
such officers and (b) successfully complete a written examination each year on 
the duties and responsibilities of and assistance available to such officers and 
veterans. The programs shall be developed by the State Veterans' Affairs 
Board. The program shall include a period of instruction which shall be not 
more than three (3) days for veteran service officers receiving initial certifica- 
tion, and not more than two (2) days for veteran service officers being 
recertified. County veteran service officers who annually receive and complete 
such instruction in a manner satisfactory to the Veterans' Affairs Board and in 
accordance with this section shall be certified by the board. No county veteran 
service officer shall be entitled to receive any compensation for his services, to 
which he is otherwise entitled by law, unless he is annually certified by the 
board. 

County veteran service officers may be employed, in the discretion of the 
boards of supervisors, either full time or part time, but may not hold any other 
elective or appointive position. However, this paragraph shall not apply to 
county veteran service officers who may be serving in such capacity before 
March 31, 1990. 

The boards of supervisors of the various counties are further authorized 
and empowered to pay all necessary and actual expenses of county veteran 

20 



Veterans; Miscellaneous 



§ 35-3-21 



service officers who attend a school of instruction within the State of Missis- 
sippi for such county veteran service officers. 

It shall also be the duty of the boards of supervisors to aid the United 
States to defeat all unjust claims for aid or benefit therefrom. 

Such expenditures may be made by the several counties acting alone, or in 
cooperation with other counties, and in cooperation with any federal or state 
agency carrying out such purposes. 

In the event that the general revenues of the county levied under and 
within the limits of existing taxing statutes are not sufficient to pay the 
expenses authorized herein, the board of supervisors may, in its discretion, 
levy an additional tax not to exceed one (1) mill on all taxable property in the 
county to defray such expenses or any part thereof. Any tax levy made under 
authority of this chapter shall not be considered in refunding homestead 
exemption losses under Title 27, Chapter 33, Mississippi Code of 1972. 

SOURCES: Codes, 1942, § 7519.7; Laws, 1946, ch. 221, § 6; Laws, 1948, ch. 500, 
§ 6; Laws, 1950, ch. 465, § 6; Laws, 1966, ch. 536, § 1; Laws, 1968, ch. 480, § 1; 
Laws, 1976, ch. 444; Laws, 1977, ch. 358; Laws, 1980, ch. 472; Laws, 1983, ch. 
399; Laws, 1990, ch. 504, § 1, 1991, ch. 342 § 1; Laws, 1996, ch. 399, § 1, eff 
from and after passage (approved March 19, 1996). 

Cross References — Mississippi State Veteran Affairs Board, see § 35-1-1 et seq. 

JUDICIAL DECISIONS 



1. In general. 

2. Authority of board of supervisors. 

1. In general. 

An employee's positions of veteran ser- 
vice clerk and inventory control clerk for 
the county, and his position as a member 
of the city council, were not held in viola- 
tion of the separation of powers provision 
of the Mississippi Constitution, in that his 
positions with the county were ministerial 
and did not require that he exercise exec- 
utive or judicial powers. Ball v. Fitzpat- 
rick, 602 So. 2d 873 (Miss. 1992). 



2. Authority of board of supervisors. 

Under this section, the authority of a 
county board of supervisors to select and 
hire a veterans affairs coordinator is by 
necessity implied from the express au- 
thority granted to pay personnel and pro- 
vide offices for such personnel for the 
purpose of assisting veterans and their 
families in securing benefits to which they 
are entitled under federal law. Blakeney v. 
Sims, 349 So. 2d 538 (Miss. 1977). 



ATTORNEY GENERAL OPINIONS 



There being no "grandfather" clause, all 
incumbents holding position of county vet- 
eran service officer must meet qualifica- 
tions established by legislature in Chap- 
ter 504, Laws of 1990; hence, county 
veteran service officer must be either hon- 
orably discharged veteran or surviving 
spouse of deceased veteran. Stone, Sept. 6, 
1990, AG. Op. #90-0660. 



There is no provision or authority allow- 
ing for retroactively compensating indi- 
vidual for pre-certification service. Rich- 
ardson Nov. 19, 1993, AG. Op. #93-0722. 

While the statute clearly prohibits a 
veteran service officer from holding an 
elective office, there is no provision for 
automatic vacation of the position upon 
the election of the incumbent to another 



21 



§ 35-3-23 War Veterans and Pensions 

position. Griffin, April 7, 2000, A.G. Op. 
#2000-0165. 

§ 35-3-23. Repealed. 

Repealed by Laws, 1982, § 5, eff from and after July 1, 1982. 

[Codes, 1942, § 6189-31; Laws, 1968, ch. 479, § 1; 1978, ch. 484, § 50] 

Editor's Note — Former § 35-3-23 transferred the duties and responsibilities of the 
original war veterans memorial commission to the Mississippi Commission on Natural 
Resources, acting through the bureau of recreation and parks of the Mississippi 
Department of Natural Resources. 

§ 35-3-24. War veterans memorial commission; membership; 
appointment; term of office; filling of vacancies; legislators 
and state personnel ineligible. 

There is hereby created a war veterans memorial commission, which is 
hereby charged with the duty of carrying out the provisions as hereinafter set 
forth, and it shall be referred to in the succeeding sections hereof as the 
"commission." The commission shall consist of seven (7) commissioners, one (1) 
member each from the American Legion, the Veterans of Foreign Wars, 
Disabled American Veterans, American Ex-Prisoners, of War, Veterans of 
World War I, Sons of Confederate Veterans, and the Mississippi National 
Guard. The commissioners shall be appointed by the governor on the recom- 
mendation of the state executive governing body of each respective organiza- 
tion entitled to a member of the commission. The initial terms of the members 
shall be as follows, to be designated by the governor at the time of appoint- 
ment: (a) two (2) members shall be appointed for terms of two (2) years each; 
(b) two (2) members for terms of four (4) years each; (c) two (2) members for 
terms of six (6) years each; and (d) the member from the American Ex- 
Prisoners of War for a term of four (4) years. Thereafter, each term shall be for 
six (6) years or until a successor in office has been appointed and qualified. In 
the event of any vacancy on the commission, the governor shall, within thirty 
(30) days, designate a successor in the same manner as the original appoint- 
ment was made. No member of either branch of the legislature nor any state 
officer or employee shall serve on the commission. 

SOURCES: Laws, 1982, ch. 312, § 1; Laws, 1983, ch. 307, eff from and after 
passage (approved February 22, 1983). 

Editor's Note — Laws of 1982, ch. 312, § 4, effective July 1, 1982, provides as 
follows: 

"SECTION 4. It is the intent of the Legislature to transfer the duties and responsi- 
bilities relating to the operation of the War Veterans Memorial Building presently 
vested in the Bureau of Recreation and Parks of the Mississippi Department of Natural 
Resources to the War Veterans Memorial Commission created herein." 



Veterans; Miscellaneous § 35-3-27 

§ 35-3-25. Repealed. 

Repealed by Laws, 1978, ch. 484, § 51, eff from and after July 1, 1979. 
[Codes, 1942, § 6189-32; Laws, 1968, ch. 479, § 2] 

Editor's Note — Former § 35-3-25 provided for officers, records, and meetings of the 
original war veterans memorial commission. 
For present similar provisions, see § 35-3-26. 

§ 35-3-26. Organization of war veterans memorial commis- 
sion; officers; records; meetings; quorum; members not com- 
pensated. 

Within thirty (30) days after appointment of the commissioners, an 
organizational meeting of the commission shall be held at the War Veterans 
Memorial Building at which there shall be elected a chairman, vice-chairman 
and secretary to serve during the terms of office of the commissioners. Minutes 
of the meetings of the commission shall be kept in a well-bound book and, along 
with all other records and papers, shall remain in the custody of the secretary 
of the commission. The commission shall fix a regular meeting time and place. 
A majority of the commission shall constitute a quorum for the transaction of 
business, but less than a quorum shall have the power to adjourn the 
commission from time to time until a quorum shall be present. All actions 
taken or rules and regulations adopted by the commission shall be by 
resolution duly spread upon its minutes, showing yea and nay votes of each 
commissioner present. The signature of the chairman and secretary, pursuant 
to a duly adopted resolution, shall be binding upon the commission. 

The members of the war veterans memorial commission shall receive 
neither salary, per diem nor expenses. 

SOURCES: Laws, 1982, ch. 312, § 2, eff from and after July 1, 1982. 

Editor's Note — Laws of 1982, ch. 312, § 4, effective July 1, 1982, provides as 
follows: 

"SECTION 4. It is the intent of the Legislature to transfer the duties and responsi- 
bilities relating to the operation of the War Veterans Memorial Building presently 
vested in the Bureau of Recreation and Parks of the Mississippi Department of Natural 
Resources to the War Veterans Memorial Commission created herein." 

§ 35-3-27. Duties of war veterans memorial commission. 

The duties of the commission shall be as follows: 

(a) To recommend to the capitol commission the allocation of office space 
in the War Veterans Memorial Building; 

(b) To promote the observation of Armistice Day in all the public schools 
in the State of Mississippi by appropriate exercises; 

(c) To plan and conduct at the War Veterans Memorial Building and 
other appropriate places in the State of Mississippi ceremonies honoring the 

23 



§ 35-3-29 War Veterans and Pensions 

war dead of the State of Mississippi on Armistice Day and on other 
anniversary days designated by the commission; 

(d) To supervise the maintenance and preservation of Mississippi's acre 
in the Honor Grove of Freedom's Foundation at Valley Forge; and 

(e) To operate the Mississippi Military Museum located in the War 
Memorial Building. 

SOURCES: Codes, 1942, § 6189-33; Laws, 1968, ch. 479, § 3; Laws, 1982, ch. 312, 
§ 3, eff from and after July 1, 1982. 

Editor's Note — Laws of 1982, ch. 312, § 4, effective July 1, 1982, provides as 
follows: 

"SECTION 4. It is the intent of the Legislative to transfer the duties and responsi- 
bilities relating to the operation of the War Veterans Memorial Building presently 
vested in the Bureau of Recreation and Parks of the Mississippi Department of Natural 
Resources to the War Veterans Memorial Commission created herein." 

Section 7-1-451 provides that wherever the term "Office of General Services" appears 
in any law the same shall mean the Department of Finance and Administration. 

Section 29-5-1 provides that wherever the term "capitol commission" appears in the 
laws of the state of Mississippi, it shall be construed to mean the bureau of capitol 
facilities of the office of general services. 

Cross References — Duties and responsibilities of the Department of Finance and 
Administration regarding the care of certain state buildings, see § 29-5-2. 

§ 35-3-29. Use or display of name or image of member of 
armed forces killed in active duty; permission of family 
required. 

Any person or group that wishes to display on signs, goods or clothing the 
name or image of any member of the United States Armed Forces who was 
killed while on active duty shall first obtain the written consent for that 
display from the family of the deceased. 

SOURCES: Laws, 2006, ch. 591, § 2, eff from and after July 1, 2006. 



24 



CHAPTER 5 
Guardianship of Veterans 

Sec. 

35-5-1. Short title. 

35-5-3. Definitions. 

35-5-5. Petition for appointment of guardian. 

35-5-7. Evidence of necessity for appointment of guardian of minor. 

35-5-9. Evidence of necessity for appointment of guardian of mental incompe- 
tent. 

35-5-11. Notice of petition for appointment of guardian. 

35-5-13. Appointment of guardian; bond; sureties. 

35-5-15. Repealed. 

35-5-17. Filing of annual accounts and other proceedings by guardian. 

35-5-19. Filing of vouchers by financial institutions. 

35-5-21. Removal of guardian for failure to file account. 

35-5-23. Compensation of guardians. 

35-5-25. Use of ward's estate. 

35-5-27. Discharge of guardian. 

35-5-29. Furnishing of free copies of public records. 

35-5-31. Commitment to Veterans Administration or other agency of the United 
States government. 

35-5-33. Construction of chapter. 

§ 35-5-1. Short title. 

This chapter may be cited as the "Uniform Veterans' Guardianship Law." 

SOURCES: Codes, 1930, § 7352; Laws, 1942, § 7509; Laws, 1930, ch. 204. 

RESEARCH REFERENCES 

ALR. Validity, construction, and appli- Am Jur. 77 Am. Jur. 2d, Veterans and 
cation of Uniform Veterans' Guardianship Veterans' Laws §§ 47 et seq. 
Act. 113 A.L.R.5th 283. 

§ 35-5-3. Definitions. 

As used in this chapter: 

(a) The term "person" includes a partnership, corporation or an associ- 
ation. 

(b) The term "bureau" means the United States Veterans' Bureau or its 
successor. 

(c) The terms "estate" and "income" shall include only moneys received 
by the guardian from the bureau and all earnings, interest and profits 
derived therefrom. 

(d) The term "benefits" shall mean all moneys payable by the United 
States through the bureau. 

(e) The term "director" means the director of the United States Veter- 
ans' Bureau or his successor. 

(f) The term "ward" means a beneficiary of the bureau. 

25 



§ 35-5-5 War Veterans and Pensions 

(g) The term "guardian" as used herein shall mean any person acting as 
a fiduciary for a ward. 

SOURCES: Codes, 1930, § 7335; Laws, 1942, § 7493; Laws, 1930, ch. 204. 

Federal Aspects — The laws relating to veterans are administered by the United 
States Department of Veterans Affairs. See 38 USCS §§ 301 et seq. 

RESEARCH REFERENCES 

Am Jur. 77 Am. Jur. 2d, Veterans and 
Veterans' Laws §§ 47 et seq. 

§ 35-5-5. Petition for appointment of guardian. 

Whenever, pursuant to any laws of the United States or regulation of the 
bureau, the director requires, prior to payment of benefits, that a guardian be 
appointed for a ward, such appointment shall be made in the manner 
hereinafter provided. 

A petition for the appointment of a guardian may be filed in any court of 
competent jurisdiction by or on behalf of any person who under existing law is 
entitled to priority of appointment. If there be no person so entitled or if the 
person so entitled shall neglect or refuse to file such a petition within thirty 
days after mailing of notice by the bureau to the last known address of such 
person indicating the necessity for the same, a petition for such appointment 
may be filed in any court of competent jurisdiction by or on behalf of any 
responsible person residing in this^state. 

The petition for appointment shall set forth the name, age, place of 
residence of the ward, the names and places of residence of the nearest 
relative, if known, and the fact that such ward is entitled to receive moneys 
payable by or through the bureau and shall set forth the amount of moneys 
then due and the amount of probable future payments. 

The petition shall also set forth the name and address of the person or 
institution, if any, having actual custody of the ward. 

In the case of a mentally incompetent ward the petition shall show that 
such ward has been rated incompetent on examination by the bureau in 
accordance with the laws and regulations governing the bureau. 

SOURCES: Codes, 1930, §§ 7336, 7338; Laws, 1942, §§ 7494, 7496; Laws, 1930, ch. 
204. 

Cross References — Appointment of guardians of person and estate, or either, or 
persons adjudged to be of unsound mind, see §§ 41-21-61 et seq. 

Appointment by the chancery court of a guardian of a minor, see § 93-13-13. 

Appointment by the chancery court of guardian of estate of missing armed forces 
member, see § 93-13-161. 

Federal Aspects — Minors, incompetents and other wards, see 38 USCS §§ 5501 et 
seq. 

26 



Guardianship of Veterans § 35-5-9 

JUDICIAL DECISIONS 

1. In general. money from the United States Veterans' 

Under § 35-5-5, guardians may be ap- Bureau. Harvey v. Meador, 459 So. 2d 288 
pointed for veterans entitled to receive (Miss. 1984). 

RESEARCH REFERENCES 

Am Jur. 77 Am. Jur. 2d, Veterans and CJS. 39 C.J.S., Guardian and Ward 
Veterans' Laws § 48. §§ 28, 29. 

24A Am. Jur. PI & Pr Forms (Rev), 
Veterans and Veterans' Laws, Forms 51 
and 52. 

§ 35-5-7. Evidence of necessity for appointment of guardian 
of minor. 

Where a petition is filed for the appointment of a guardian of a minor 
ward, a certificate of the director, or his representative, setting forth the age of 
such minor as shown by the records of the bureau and the fact that the 
appointment of a guardian is a condition precedent to the payment of any 
moneys due the minor by the bureau, shall be prima facie evidence of the 
necessity for such appointment. 

SOURCES: Codes, 1930, § 7339; Laws, 1942, § 7497; Laws, 1930, ch. 204. 

JUDICIAL DECISIONS 

1. In general. Harvey v. Meador, 459 So. 2d 288 (Miss. 

Under § 35-5-7, guardians may be ap- 1984). 
pointed for minor wards of a veteran. 

RESEARCH REFERENCES 

Am Jur. 77 Am. Jur. 2d, Veterans and 
Veterans' Laws § 48. 

§ 35-5-9. Evidence of necessity for appointment of guardian 
of mental incompetent. 

Where a petition is filed for the appointment of a guardian of a mentally 
incompetent ward, a certificate of the director, or his representative, setting 
forth the fact that such person has been rated incompetent by the bureau on 
examination in accordance with the laws and regulations governing such 
bureau, and that the appointment of a guardian is a condition precedent to the 
payment of any moneys due such person by the bureau, shall be prima facie 
evidence of the necessity for such appointment. 

SOURCES: Codes, 1930, § 7340; Laws, 1942, § 7498; Laws, 1930, ch. 204. 

27 



§ 35-5-11 War Veterans and Pensions 

Cross References — Provision for care of mentally ill war veterans in state mental 
institutions, see § 41-17-11. 

RESEARCH REFERENCES 

Am Jur. 77 Am. Jur. 2d, Veterans and Veterans and Veterans' Laws, Forms 51 
Veterans' Laws § 48. and 52. 

24A Am. Jur. PI & Pr Forms (Rev), 

§ 35-5-11. Notice of petition for appointment of guardian. 

Upon the filing of a petition for the appointment of a guardian, under the 
provisions of this chapter, the court shall cause such notice to be given as 
provided by law. 

SOURCES: Codes, 1930, § 7341; Laws, 1942, § 7499; Laws, 1930, ch. 204. 

RESEARCH REFERENCES 

Am Jur. 77 Am. Jur. 2d, Veterans and CJS. 39 C.J.S., Guardian and Ward 
Veterans' Laws § 48. §§ 28-31. 

24A Am. Jur. PI & Pr Forms (Rev), 
Veterans and Veterans' Laws, Forms 55- 
58. 

§ 35-5-13. Appointment of guardian; bond; sureties. 

Before making an appointment under the provisions of this chapter the 
court shall be satisfied that the guardian whose appointment is sought is a fit 
and proper person to be appointed. Upon the appointment being made the 
guardian shall execute and file a bond to be approved by the court in an 
amount not less than the sum then due and estimated to become payable 
during the ensuing year. The said bond shall be in the form and be conditioned 
as required of guardians appointed under the guardianship laws of this state. 
The court shall have the power from time to time to require the guardian to file 
an additional bond. 

Where a bond is tendered by a guardian with personal sureties, such 
sureties shall file with the court a certificate under oath which shall describe 
the property owned, both real and personal, and that they are each worth the 
sum named in the bond as the penalty thereof over and above all their debts 
and liabilities and exclusive of property exempt from execution. 

SOURCES: Codes, 1930, § 7342; Laws, 1942, § 7500; Laws, 1930, ch. 204. 

RESEARCH REFERENCES 

Am Jur. 77 Am. Jur. 2d, Veterans and CJS. 39 C.J.S., Guardian and Ward 
Veterans' Laws §§ 49, 50, 51. § 10. 

24A Am. Jur. PI & Pr Forms (Rev), 
Veterans and Veterans' Laws, Forms GO- 
28 



Guardianship of Veterans § 35-5-17 

§ 35-5-15. Repealed. 

Repealed by Laws, 1973, ch. 332, § 1, eff from and after passage (approved 
March 20, 1973). 

[Codes, 1930, § 7337; 1942, § 7495; Laws, 1930, ch. 204] 

Editor's Note — Former § 35-5-15 limited the number of wards to a guardian. 

§ 35-5-17. Filing of annual accounts and other proceedings by 
guardian. 

Every guardian who shall receive on account of his ward any moneys from 
the bureau shall file with the court annually, in addition to such other accounts 
as may be required by the court, a full, true, and accurate account under oath 
of all moneys so received by him, of all disbursements thereof, and showing the 
balance thereon in his hands at the date of such account and how invested. All 
accounts and petitions shall be filed with the clerk in duplicate and a certified 
copy of each of such accounts or petitions filed with the court shall be 
immediately forwarded by the chancery clerk to the bureau having jurisdiction 
over the area in which such court is located. The clerk in the certificate shall 
certify that a copy of same is being mailed to the said bureau, and after same 
has been mailed, the clerk of the court shall enter upon the records where the 
case is pending a notation that a copy of said petition or account has been 
forwarded by mail to the said bureau. Said mailing and said certificate shall 
have been performed and notation made on the docket thirty days before said 
matter shall be taken up for hearing by the court unless said notice shall be 
waived by the bureau. 

After hearing on all accounts or other matters it shall be the duty of the 
guardian to furnish certified copies of all orders entered to the state office of the 
bureau, 

SOURCES: Codes, 1930, § 7343; Laws, 1942, § 7501; Laws, 1930, ch. 204; Laws, 
1935, ch. 43. 

Cross References — Use of ward's estate for other purposes, see § 35-5-25. 

JUDICIAL DECISIONS 

1. In general. fee to veteran's guardian in order to safe- 
Federal administrator of veterans' af- guard administration of money received 
fairs could intervene in administration of from federal government on war risk con- 
insane war veteran's estate and challenge tract. Hines v. McCoy, 172 Miss. 153, 159 
alleged excessive allowance of attorney's So. 306 (1935). 

RESEARCH REFERENCES 

Am Jur. 77 Am. Jur. 2d, Veterans and CJS. 39 C.J.S., Guardian and Ward 
Veterans' Laws § 55. § 207. 

24A Am. Jur. PI & Pr Forms (Rev), 
Veterans and Veterans' Laws, Forms 64 et 
seq. 

29 



§ 35-5-19 War Veterans and Pensions 

§ 35-5-19. Filing of vouchers by financial institutions. 

In any annual or final account or other proceedings under this chapter, 
whenever an accounting to the court is required, in the event that the account 
shall be presented by a bank or trust company which is subject to the 
supervision of the department of bank supervision of the State of Mississippi 
or of the comptroller of the currency of the United States, and such account, or 
the petition for the approval of same, shall contain a statement under oath by 
an officer of said bank or trust company showing that the vouchers covering the 
disbursements in the account presented are on file with the said bank or trust 
company, such bank or trust company shall not be required to file vouchers. 
The court, however, on its own motion, or on motion of the administrator of 
veterans affairs, or his duly authorized representative or attorney, may require 
that said vouchers be produced for examination and inspection. 

SOURCES: Codes, 1942, § 7501.5; Laws, 1960, ch. 217, § 12. 

Editor's Note — Section 81-1-57 provides that wherever the words "Department of 
bank supervision" or "department" appear, when referring to the department of bank 
supervision, shall be construed to mean the department of banking and consumer 
finance. 

Cross References — Similar provision pertaining to the vouchers of a guardian 
under law of guardian and ward, see § 93-13-67. 

RESEARCH REFERENCES 

Am Jur. 77 Am. Jur. 2d, Veterans and 
Veterans' Laws § 55. 

§ 35-5-21. Removal of guardian for failure to file account. 

If any guardian shall fail to file any account of the moneys received by him 
from the bureau on account of his ward within thirty days after such account 
is required by either the court or the bureau, or shall fail to furnish the bureau 
a copy of his accounts as required by this chapter, such failure shall be grounds 
for removal. 

SOURCES: Codes, 1930, § 7344; Laws, 1942, § 7502; Laws, 1930, ch. 204. 

RESEARCH REFERENCES 

Am Jur. 77 Am. Jur. 2d, Veterans and CJS. 39 C.J.S., Guardian and Ward 
Veterans' Laws §§ 49, 51. §§ 45-48. 

24A Am. Jur. PI & Pr Forms (Rev), 
Veterans and Veterans' Laws, Form 69. 

§ 35-5-23. Compensation of guardians. 

In the final account the court or chancellor in vacation shall make an 
allowance to the guardian for his services not to exceed five per centum on the 

30 



Guardianship of Veterans § 35-5-25 

value of the estate which shall be equitably prorated where the guardianship 
has been administered by two or more guardians, except as hereinafter 
provided. In the event of extraordinary services rendered by such guardian the 
court may, upon petition and after hearing thereon, authorize additional 
compensation therefor payable from the estate of the ward. Notice of such 
petition and hearing shall be given the proper office of the bureau in the 
manner provided by Section 35-5-17. In annual or partial accounts the court or 
chancellor may allow a guardian a reasonable commission for his services 
based upon the amount of disbursements, or, in proper cases where the amount 
based on disbursements would be inadequate, on the amount received or 
invested, or the total value of the estate as in other cases of guardianship, but 
not to exceed the maximum hereinabove provided for, except that in any event 
the court or chancellor in vacation, in its discretion may allow a minimum 
commission of one hundred dollars ($100.00) per annum. The guardian may be 
allowed from the estate of his ward reasonable premiums paid by him to any 
corporate surety upon his bond. The guardian's attorney may be allowed from 
the estate of the ward a reasonable attorney's fee for legal services to the estate 
or to the ward, if the court be of the opinion that the services were proper and 
rendered in good faith, the amount of the fee to be in the discretion of the court. 

SOURCES: Codes, 1930, § 7345; Laws, 1942, § 7503; Laws, 1930, ch. 204; Laws, 
1936, ch. 245; Laws, 1966, ch. 320, § 2, eff from and after passage (approved 
March 8, 1966). 

RESEARCH REFERENCES 

ALR. Amount of attorneys' compensa- Am Jur. 24A Am. Jur. PI & Pr Forms 

tion in matters involving guardianship (Rev), Veterans and Veterans' Laws, 

and trusts. 57 A.L.R.3d 550. Forms 65 and 68. 

Attorneys' fees: cost of services provided CJS. 39 C.J.S., Guardian and Ward 

by paralegals or the like as compensable §§ 218-221. 
element of award in state court. 73 
A.L.R.4th 938. 

§ 35-5-25. Use of ward's estate. 

A guardian shall not apply any portion of the estate of his ward for the 
support and maintenance of any person other than his ward, except upon order 
of the court after a hearing, notice of which has been given the proper office of 
the bureau in the manner provided in Section 35-5-17. 

SOURCES: Codes, 1930, § 7347; Laws, 1942, § 7504; Laws, 1930, ch. 204. 

JUDICIAL DECISIONS 

1. In general. order to safeguard money received from 

Federal administrator of veterans' af- federal government on war risk insurance 

fairs could intervene in administration of contract. Hines v. McCoy, 172 Miss. 153, 

insane veteran's estate and challenge al- 159 So. 306 (1935). 
lowance of attorney's fee to guardian, in 



31 



§ 35-5-27 War Veterans and Pensions 

RESEARCH REFERENCES 

Am Jur. 77 Am. Jur. 2d, Veterans and CJS. 39 C.J.S., Guardian and Ward 
Veterans' Laws § 54. §§ 70-72 et seq. 

24A Am. Jur. PI & Pr Forms (Rev), 
Veterans and Veterans' Laws, Form 64. 

§ 35-5-27. Discharge of guardian. 

When a minor for whom a guardian has been appointed under the 
provisions of this chapter or other laws of this state shall have attained his or 
her majority, and if incompetent shall be declared competent by the bureau 
and the court, and when any incompetent ward, not a minor, shall be declared 
competent by said bureau and the court, the guardian shall, upon making a 
satisfactory accounting, be discharged upon a petition filed for that purpose. 

SOURCES: Codes, 1930, § 7350; Laws, 1942, § 7507; Laws, 1930, ch. 204. 

RESEARCH REFERENCES 

Am Jur. 77 Am. Jur. 2d, Veterans and Veterans and Veterans' Laws, Forms 66 
Veterans' Laws § 51. and 69. 

24A Am. Jur. PI & Pr Forms (Rev), 

§ 35-5-29. Furnishing of free copies of public records. 

Whenever a copy of any public record is required by the bureau to be used 
in determining the eligibility of any person to participate in the benefits made 
available by such bureau, the official charged with the custody of such public 
record shall without charge provide the applicant for such benefits or any 
person acting on his behalf or the representative of such bureau, with a 
certified copy of such record. 

SOURCES: Codes, 1930, § 7348; Laws, 1942, § 7505; Laws, 1930, ch. 204. 

Cross References — Furnishing free by the bureau of vital statistics of copies of 
birth and death certificates when necessary to establish claims for veterans' benefits, 
see § 35-3-9. 

RESEARCH REFERENCES 

Am Jur. 77 Am. Jur. 2d, Veterans and 24A Am. Jur. PI & Pr Forms (Rev), 
Veterans' Laws §§ 47 et seq. Veterans and Veterans' Laws, Form 69. 

§ 35-5-31. Commitment to Veterans Administration or other 
agency of the United States government. 

(1) Whenever, in any proceeding under the laws of this state for the 
commitment of a person alleged to be a lunatic, insane person, idiot, fool, or 
otherwise of unsound mind, or otherwise in need of confinement in a hospital 



Guardianship of Veterans § 35-5-31 

or other institution for his proper care, it is determined after such adjudication 
of the status of such person as may be required by law that commitment to a 
hospital for mental disease or other institution is necessary for safe-keeping or 
treatment and it appears that such person is eligible for care or treatment by 
the Veterans Administration or other agency of the United States government, 
the court, upon receipt of a certificate from the Veterans Administration or 
such other agency showing that facilities are available and that such person is 
eligible for care or treatment therein, may commit such person to said Veterans 
Administration or other agency. The person whose commitment is sought shall 
be personally served with notice of the pending commitment proceeding in the 
manner provided by the law of this state; and nothing in this section shall 
affect his right to appear and be heard in the proceedings. Upon commitment, 
such person, when admitted to any facility operated by the Veterans Admin- 
istration or other agency within or without this state shall be subject to the 
rules and regulations of the Veterans Administration or other agency. The chief 
officer of any facility of the Veterans Administration or institution operated by 
any other agency of the United States to which the person is so committed 
shall, with respect to such person, be vested with the same powers as 
superintendents of state hospitals for mental diseases within this state with 
respect to retention of custody, transfer, parole or discharge. Jurisdiction is 
retained in the committing or other appropriate court of this state at any time 
to inquire into the mental condition of the person so committed, and to 
determine the necessity for continuance of his restraint, and all commitments 
pursuant to this section are so conditioned. 

(2) The judgment or order of commitment by a court of competent 
jurisdiction of another state or of the District of Columbia, committing a person 
to the Veterans Administration, or other agency of the United States govern- 
ment for care or treatment shall have the same force and effect as to the 
committed person while in this state as in the jurisdiction in which is situated 
the court entering the judgment or making the order, and the courts of the 
committing state, or of the District of Columbia, shall be deemed to have 
retained jurisdiction of the person so committed for the purpose of inquiring 
into the mental condition of such person, and of determining the necessity for 
continuance of his restraint, as is provided in sub-section (1) of this section 
with respect to persons committed by the courts of this state. Consent is hereby 
given to the application of the law of the committing state or District of 
Columbia in respect to the authority of the chief officer of any facility of the 
Veterans Administration, or of any institution operated in this state by any 
other agency of the United States to retain custody, or transfer, parole or 
discharge the committed person. 

(3) Upon receipt of a certificate of the Veterans Administration or such 
other agency of the United States that facilities are available for the care or 
treatment of any person heretofore committed to the state insane hospital or 
any other hospital or other institution for the care of the insane, or for the care 
or treatment of persons similarly afflicted and that such person is eligible for 
care or treatment, the superintendent of such state hospital may cause the 

33 



§ 35-5-33 War Veterans and Pensions 

transfer of such person to the Veterans Administration or other agency of the 
United States for care or treatment. Upon effecting any such transfer, the 
committing court or proper officer thereof shall be notified thereof by the 
transferring agency. No person shall be transferred to the Veterans Adminis- 
tration or other agency of the United States if he be confined pursuant to 
conviction of any felony or misdemeanor or if he has been acquitted of the 
charge solely on the ground of insanity, unless prior to transfer the court or 
other authority originally committing such person shall enter an order for such 
transfer after appropriate motion and hearing. 

Any person transferred as provided in this section shall be deemed to be 
committed to the Veterans Administration or other agency of the United States 
pursuant to the original commitment. 

SOURCES: Codes, 1930, § 7349; Laws, 1942, § 7506; Laws, 1930, ch. 204; Laws, 
1944, ch. 176, § 1. 

Editor's Note — The laws relating to veterans are administered by the United 
States Department of Veterans Affairs. See 38 USCS §§ 301 et seq. 

Cross References — Provision that laws relative to the commitment of persons in 
need of mental treatment (§§ 41-21-61 through 41-21-107) shall not affect the provi- 
sions of this section, see § 41-21-63. 

JUDICIAL DECISIONS 

1.-10. [Reserved for future use.] Without a showing that certificate from 

11. Under former law. official in charge of veterans' hospital had 



1.-10. [Reserved for future use.] 



been received, accused insane veteran 
with tuberculosis could not be transferred 

11. Under former law. from jail to veterans' hospital at guard- 

Statute does not authorize commitment ian's request. Doggett v. State, 165 Miss. 

to federal hospital by circuit court of per- 488, 144 So. 854 (1932). 

son charged with capital offense. Doggett 

v. State, 165 Miss. 488, 144 So. 854 (1932). 

RESEARCH REFERENCES 

Am Jur. 77 Am. Jur. 2d, Veterans and 
Veterans' Laws §§ 49 et seq. 

§ 35-5-33. Construction of chapter. 

This chapter shall be construed liberally to secure the beneficial intents 
and purposes thereof and shall apply only to beneficiaries of the bureau. 

This chapter shall be so interpreted and construed as to effectuate its 
general purpose to make uniform the law of those states which enact it. 

SOURCES: Codes, 1930, §§ 7351, 7353; Laws, 1942, §§ 7508, 7510; Laws, 1930, ch. 
204. 



34 



Guardianship of Veterans § 35-5-33 

RESEARCH REFERENCES 



Am Jur. 77 Am. Jur. 2d, Veterans and 
Veterans' Laws §§ 47 et seq. 



35 



CHAPTER 7 
Veterans' Home Purchase Law 

Sec. 

35-7-1. Short title. 

35-7-3. Declaration of public policy. 

35-7-5. Definitions. 

35-7-7. Creation of Veterans' Home Purchase Board; composition; qualifica- 

tions, appointment, terms of office and compensation of members; 

general powers and duties of board; officers and employees. 
35-7-9. Limitation on costs of administration of chapter. 

35-7-11. Offices of board; staff and related expenses; assistance from county 

veterans service officers and others. 
35-7-13. Duty of public officials to cooperate with board. 

35-7-15. Eligibility of veterans; applications; priority preferences; waiting lists; 

distribution of assistance. 
35-7-17. Acquisition of homes for resale to veterans; refinancing of permanent 

mortgage loans; limitations as to applications for purchase. 
35-7-19. Acquisition by board of leasehold interests in certain lands for resale to 

veterans. 
35-7-21 and 35-7-23. Repealed. 
35-7-25. Selection of home by veteran; contract between board and veteran; 

terms of payment; appraisal. 
35-7-27. Details of contract between board and purchaser. 

35-7-29. Execution of general deed and deed of trust; notice of veteran's intent to 

transfer property. 
35-7-31. Escrow agreements. 

35-7-33. Satisfaction of taxes, assessments, etc.; improvements. 

35-7-35. Cancellation; foreclosure. 

35-7-37. Care of property reverting to board. 

35-7-39. Second purchases of property for veteran. 

35-7-41. Rights of surviving spouse. 

35-7-43. Removal of disability of minority. 

35-7-45. Funds; sale of mortgages; issuance of notes. 

35-7-47. Special consideration in event of hardship. 

35-7-49. Confidentiality of information obtained in loan processing. 

35-7-51. Criminal sanctions for fraudulent conduct. 

§ 35-7-1. Short title. 

This chapter may be cited as the Veterans' Home Purchase Law. 

SOURCES: Codes, 1942, § 7517; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 1; 
Laws, 1948, ch. 500, § 1; Laws, 1950, ch. 465, § 1; Laws, 1987, ch. 425, § 1, eff 
from and after May 1, 1987. 

Editor's Note — Laws of 1987, ch. 425, § 22, provides as follows: 
"SECTION 22. The provisions of this act shall apply to matters under consideration 
by the board after May 1, 1987, except final applications for purchase received and in 
process and the closing of all loan commitments made prior to May 1, 1987." 
Cross References — Housing authorities laws, see §§ 43-33-1 et seq. 

36 



Veterans' Home Purchase Law § 35-7-5 

§ 35-7-3. Declaration of public policy. 

It is hereby declared to be the public policy of this state to aid its veterans 
to become rehabilitated and to become as quickly as possible self-sustaining, 
thereby strengthening their citizenship and expressing the gratitude of all the 
peoples of this state for such public services they have rendered, and to that 
end this chapter is passed. 

SOURCES: Codes, 1942, § 7532; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 24; 
Laws, 1948, ch. 500, § 24; Laws, 1950, ch. 465, § 25; Laws, 1987, ch. 425, § 2, 
eff from and after May 1, 1987. 

Editor's Note — Laws of 1987, ch. 425, § 22, provides as follows: 
"SECTION 22. The provisions of this act shall apply to matters under consideration 
by the board after May 1, 1987, except final applications for purchase received and in 
process and the closing of all loan commitments made prior to May 1, 1987." 

§ 35-7-5. Definitions. 

When used in this chapter, the word or term: 

(a) "Veterans" includes: 

(i) Any person who, upon presentation of his U.S. armed services 
record is eligible for a certificate of eligibility for a home loan guaranty 
from the U.S. Veterans' Administration. 

(ii) Unremarried surviving spouses of the above-described eligible 
persons who died as the result of service or service-connected injuries. The 
unremarried spouse of any eligible veteran who has not purchased a home 
since the veteran's death shall be eligible for the benefits of this chapter, 
except that the benefits of a Veterans' Administration guaranteed loan will 
not be available. 

(hi) The spouse of any member of the armed forces serving on active 
duty who is listed as missing in action, or is a prisoner of war, and has been 
so listed for a total of more than ninety (90) days. 

Any such person shall have been discharged under conditions other 
than dishonorable from the branch of service in which he or she served, 
shall have been a bona fide resident of the United States of America at the 
time of his or her enlistment, induction, commission or drafting, and shall 
have lived in this state for two (2) years immediately preceding entry to 
extended active duty or the filing of the purchase application, or have 
married a person who has been a legal resident of this state for at least two 
(2) consecutive years immediately preceding the marriage and application. 

The veteran must obtain a certificate of eligibility for home loan 
guaranty from the Veterans' Administration and present both an original 
certificate and a record of service or original discharge (DD 214) to the 
board. 

(b) "Applicant" is a person meeting the criteria of "veteran" who has 
made written application to the board in the format prescribed by the board. 

37 



§ 35-7-7 War Veterans and Pensions 

(c) "Mortgagor" is the person described as "applicant" who has subse- 
quently executed a deed of trust on real property to the board, and may 
otherwise be described as "owner" or title holder. 

(d) "Board" means the Veterans' Home Purchase Board of the State of 
Mississippi. 

(e) "Home" means a parcel of real estate upon which there is a single 
family dwelling house and such other buildings as will, in the opinion of the 
board, suit the needs of the purchaser and his dependents as a place of 
abode. 

SOURCES: Codes, 1942, § 7518; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 2; 
Laws, 1948, ch. 500, § 2; Laws, 1950, ch. 465, § 2; Laws, 1952, ch. 311, § 1; 
Laws, 1956, ch. 351; Laws, 1958, ch. 460, § 1; Laws, 1964, ch. 477; Laws, 1966, 
ch. 277, § 1; Laws, 1987, ch. 425, § 3, eff from and after May 1, 1987. 

Editor's Note — The laws relating to veterans are administered by the United 
States Department of Veterans Affairs. See 38 USCS §§ 301 et seq. 

Laws of 1987, ch.425, § 22, provides as follows: 

"SECTION 22. The provisions of this act shall apply to matters under consideration 
by the board after May 1, 1987, except final applications for purchase received and in 
process and the closing of all loan commitments made prior to May 1, 1987." 

Federal Aspects — Housing and small business loans for veterans, see 38 USCS 
§§ 3701 et seq. 

§ 35-7-7. Creation of Veterans' Home Purchase Board; compo- 
sition; qualifications, appointment, terms of office and com- 
pensation of members; general powers and duties of board; 
officers and employees. 

The administration of the provisions hereof is vested in a Veterans' Home 
Purchase Board consisting of six (6) members who shall be appointed, or 
reappointed, by the Governor, with the advice and consent of the Senate. 
Members appointed to the board shall be veterans of either World War II, the 
Korean Conflict, the Southeast Asia Conflict, the Persian Gulf Conflict or have 
served in active duty for at least one hundred eighty (180) days during a time 
of war or a conflict in which a campaign ribbon or medal was issued and shall 
possess a background in business, banking, real estate or the legal profession 
which enables them to carry out the duties of the board. Appointments shall be 
staggered, with each Governor appointing or reappointing two (2) members in 
the first year of his administration; one (1) member in the second year, two (2) 
members in the third year, and one (1) member in the fourth year. Appoint- 
ments for terms that expire in 1988 shall be made as follows: One (1) shall be 
made for a term ending on July 1, 1989; one (1) shall be made for a term ending 
on July 1, 1991; and two (2) shall be made for a term ending on July 1, 1992. 
Persons appointed to succeed the two (2) members whose terms expired in 
1986, or any such member holding over after 1986 because no successor was 
appointed, shall serve until July 1, 1990. After the expiration of the foregoing 
terms, all appointments shall be for a term of four (4) years from the expiration 
date of the previous term. From and after July 1, 1988, one (1) appointee shall 

38 



Veterans' Home Purchase Law § 35-7-7 

be selected from each of the five (5) congressional districts of this state as such 
districts are composed on May 1, 1987, and one (1) appointee shall be selected 
from the state-at-large. Any vacancy occurring during a term shall be filled by 
appointment of a member for the unexpired portion of the term. 

The board is hereby authorized and empowered to make and promulgate 
such reasonable rules and regulations under this chapter as it shall deem to be 
necessary or advisable and to enforce the same. The board shall have authority 
to render final decision on the purchase application process, approval of 
purchases, funding of purchase commitments, servicing loans and default, 
property security, management, resale, release from security, and all other 
matters relating to the purchases and loans made under this law. The board 
shall likewise by an order spread on its minutes elect a chairman and vice 
chairman to serve for one-year terms, and all such officers are eligible to 
succeed themselves in such offices. The chairman may appoint a three-member 
loan committee from the membership of the board and shall specify the 
conditions, responsibilities and authority of such committee. 

Each member of the board and his successor shall be reimbursed all his 
actual and necessary traveling and other expenses incurred in the attendance 
of the meetings of the board or in the performance of other duties in connection 
with the business of the board as provided for state officers and employees in 
Section 25-3-41, and shall be allowed a per diem as provided in Section 25-3-69 
for such attendance; provided that the number of days per diem shall not 
exceed sixty-six (66) days for the chairman and fifty (50) days for other 
members of the board during any one (1) fiscal year. The above limitation of 
days per year shall not apply to board members appointed on a full-time basis 
to the loan committee. 

The director, or other executive officer employed by the board, shall 
execute a surety bond in the sum of One Hundred Thousand Dollars 
($100,000.00), conditioned upon the faithful performance of his duties and 
upon his accounting for all moneys coming into his hands; and each employee 
handling funds shall execute a like bond in the sum of Fifteen Thousand 
Dollars ($15,000.00), and the premiums thereon shall be paid from the funds 
provided for administering this chapter. 

The board may designate one (1) of its employees as the acting director or 
executive officer by a vote of the majority of the members of the board, officially 
recorded in the minutes of a regular or special meeting, and such acting 
director shall be vested with all the authority conferred upon the director by 
the provisions of this chapter; but such acting director may not serve for a 
continuous period of time in excess of six (6) months, and the acting director, 
when so designated, will be required to furnish surety bond in the same 
amount and under the same conditions as the director. The purpose of this 
provision is to designate an executive officer during any temporary illness, 
absence or incapacity of the regularly designated director. 

The board may select and employ such expert, technical and clerical 
assistance as in its judgment may be necessary in the proper administration of 
said board and fix the salaries of such employees. 

39 



§ 35-7-9 War Veterans and Pensions 

The board is empowered to employ auditors and accountants to examine 
the books, accounts and records of the board if it so desires, and the board is 
also authorized to employ legal counsel if it deems such a course necessary in 
the proper administration of its affairs. 

SOURCES: Codes, 1942, §§ 7519, 7530; Laws, 1936, ch. 199; Laws, 1946, ch. 221, 
§§ 3, 4, 20; Laws, 1948, ch. 500, §§ 3, 4, 18; Laws, 1950, ch. 465, §§ 3, 4, 18; 
Laws, 1958, ch. 460, § 2; Laws, 1964, ch. 478; Laws, 1968, ch. 483, § 1; Laws, 
1973, ch. 376, § 1; Laws, 1980, ch. 560, § 12; Laws, 1987, ch. 425, § 4; Laws, 
1994, ch. 346, § 1, eff from and after July 1, 1994. 

Editor's Note — Laws of 2007, ch. 560, § 4 provides as follows: 
"SECTION 4. It is the intention of the Legislature that the State Fiscal Officer shall 
transfer from the special fund pool funds in the amount of Two Million Dollars 
($2,000,000.00), or so much thereof as may be requested, to the Veterans' Home 
Purchase Board to offset any shortage of funds in the fiscal year ending June 30, 2008. 
The Veterans' Home Purchase Board shall make its request to the State Fiscal Officer, 
in writing, with proper justification, prior to the transfer of said funds. 

"Prior to June 30, 2008, the Veterans' Home Purchase Board shall transfer from any 
money in the State Treasury to the credit of the Veterans' Home Purchase Board to the 
State Fiscal Officer sufficient funds to repay the special funds that were made available 
to offset any shortage of funds in the fiscal year ending June 30, 2008. The State Fiscal 
Officer shall allocate this repayment back to the special fund pool. 
"This section shall stand repealed from and after July 1, 2008." 
Cross References — Provision authorizing uniform per diem compensation for 
officers and employees of state boards, commissions and agencies, see § 25-3-69. 

Availability to board of proceeds of bond issued by the Mississippi Home Corporation, 
see §§ 43-33-701 et seq. 

§ 35-7-9. Limitation on costs of administration of chapter. 

The cost of administering this chapter shall not exceed in any one (1) fiscal 
year 1.0% of mortgage loans in force. Administrative expenses shall include all 
costs for: personnel, travel, subsistence, contractual services, commodities and 
equipment utilized in operating the offices and facilities of the board and shall 
not include expenditures reimbursed to the board by applicants, veterans/ 
owners, insurance companies and funds passing through escrow, regardless of 
the budget and accounting codes utilized. The amount of contracts in force for 
the purpose of this section shall be considered the amount in force at the end 
of the fiscal year in which the expenditures for administration are incurred. 

SOURCES: Codes, 1942, § 7519; Laws, 1936, ch. 199; Laws, 1946, ch. 221, §§ 3, 4; 
Laws, 1948, ch. 500, §§ 3, 4; Laws, 1950, ch. 465, §§ 3, 4; Laws, 1958, ch. 460, 
§ 2; Laws, 1964, ch. 478; Laws, 1973, ch. 376, § 1; Laws, 1987, ch. 425, § 5, eff 
from and after May 1, 1987. 

Editor's Note — Laws of 1987, ch. 425, § 22, provides as follows: 
"SECTION 22. The provisions of this act shall apply to matters under consideration 
by the board after May 1, 1987, except final applications for purchase received and in 
process and the closing of all loan commitments made prior to May 1, 1987." 

Cross References — Inclusion of authorized offices and staff within administrative 
cost limitations imposed on Veterans' Home Purchase Board, see § 35-7-11. 

40 



Veterans' Home Purchase Law § 35-7-15 

Payment of expenses of administering this chapter from board's revolving fund, see 
§ 35-7-45. 

§ 35-7-11. Offices of board; staff and related expenses; assis- 
tance from county veterans service officers and others. 

The board is hereby authorized to establish offices and employ an 
adequate staff to serve the citizens of Mississippi as it deems necessary; and 
the expenses of such offices shall be included within the administrative cost 
limitation prescribed in Section 35-7-9. The board may utilize the services of 
county veterans service officers and other such persons in contact with the 
veteran community to advise and assist the board; however, such persons 
assisting shall not be employees nor officially represent the board, and shall 
perform their services without cost to the board. 

SOURCES: Codes, 1942, § 7519.5; Laws, 1946, ch. 221, § 5; Laws, 1948, ch. 500, 
§ 5; Laws, 1950, ch. 465, § 5; Laws, 1987, ch. 425, § 6, eff from and after May 
1, 1987. 

Editor's Note — Laws of 1987, ch. 425, § 22, provides as follows: 
"SECTION 22. The provisions of this act shall apply to matters under consideration 
by the board after May 1, 1987, except final applications for purchase received and in 
process and the closing of all loan commitments made prior to May 1, 1987." 

§ 35-7-13. Duty of public officials to cooperate with board. 

It is hereby made the duty of all state, county and city officials to furnish 
and give all required information to the board, upon request and without 
charge therefor. 

SOURCES: Codes, 1942, § 7519.5; Laws, 1946, ch. 221, § 5; Laws, 1948, ch. 500, 
§ 5; Laws, 1950, ch. 465, § 5. 

§ 35-7-15. Eligibility of veterans; applications; priority pref- 
erences; waiting lists; distribution of assistance. 

Any person deeming himself a veteran, and desiring to benefit under the 
provisions of this chapter, shall submit to the board information, in such form 
as may be prescribed, that will enable the board to determine his eligibility and 
qualifications. The board may make such further inquiries and investigations 
as it deems proper and necessary in order to determine such eligibility and 
qualifications. Applicant priority for processing shall be in accordance with the 
order in which the fully completed application forms are received and verified 
as eligible for consideration in the board's Pearl, Mississippi, office. Once 
accepted, the qualified and eligible applicant will retain his priority on a 
waiting list until the time that funds are available to fully process his 
application, or until it is ascertained that the applicant is no longer eligible or 
qualified for the loan, or until the applicant withdraws himself from consider- 
ation. The board may suspend the taking of applications from time to time 

41 



§ 35-7-15 War Veterans and Pensions 

based on availability of funds. The board shall not maintain applications which 
are projected to exceed one (1) year before final processing. In each instance of 
suspension, the board will project a date in the future when applications will 
be again accepted in order that persons inquiring for application may know to 
do so after such date. 

The board may act upon any purchase loan application or related matter 
by telephone poll of the board members taken by the executive director, or his 
designee, in order to facilitate an applicant's loan request before the next 
meeting of the board. Action taken upon such a poll may be taken only upon 
majority vote of the entire board. The action of the board taken by telephone 
poll shall be placed in the minutes of the board at its next meeting. 

Veterans who are otherwise qualified and who have a service connected, 
permanent disability, as verified by the Veterans' Administration or a branch of 
the United States Armed Forces, rating fifty percent (50%) or greater, will 
receive priority over other applicants waiting for consideration. Veterans who 
have not purchased a single family, permanent home since their honorable 
discharge from active duty and have not owned a single-family residence in the 
State of Mississippi while serving in the armed services may be given priority 
over other veterans waiting to make application. This priority will be second 
only to those veterans given priority due to a service-connected disability of 
fifty percent (50%) or greater. Such returning veterans must meet all other 
eligibility and qualification criteria, including Mississippi residence require- 
ments. This priority will apply only during the first five (5) years following the 
veteran's discharge and will apply to veterans who served in Vietnam regard- 
less of time since discharge. 

The board shall establish rules and procedures to provide a waiting 
system, limitations on waiting, and the priority preference given to disabled 
and other special veteran groups when the number of veterans desiring to 
apply for a purchase at any time exceeds the funds available in the revolving 
fund for purchases or the number of applications that can be reasonably 
processed. 

It is the intent of the Legislature that access to the revolving fund be 
available on an equitable basis to all eligible veterans throughout the state. 
The board is, therefore, authorized to travel, conduct and attend meetings, 
advertise and announce through public service and commercial media, prepare 
and distribute audio/visual and printed publications, and otherwise announce 
and promote among veterans the provisions of this law. 

The board shall monitor application and purchase distribution throughout 
the state based upon available information concerning veteran population in 
certain geographic units such as districts, counties and major metropolitan 
areas, and is authorized to halt, limit or place temporary moratoriums on 
further purchase applications from areas determined by the board to have 
excess purchases in relation to the veteran population of that area. At the same 
time, the board shall have the authority to employ discriminatory announce- 
ment and promotion activities in areas determined to have a shortage of 
purchases. The board shall not set quotas or other inflexible limits on any 

42 



Veterans' Home Purchase Law § 35-7-17 

geographic unit nor shall the board solicit purchase applications from any 
veteran, group of veterans or geographic unit. 

SOURCES: Codes, 1942, §§ 7518, 7521; Laws, 1936, ch. 199; Laws, 1946, ch. 221, 
§§ 2, 8; Laws, 1948, ch. 500, §§ 2, 8; Laws, 1950, ch. 465, §§ 2, 8; Laws, 1952, 
ch. 311, § 1; Laws, 1956, ch. 351; Laws, 1958, ch. 460, § 1; Laws, 1964, ch. 477; 
Laws, 1966, ch. 277, § 1; Laws, 1987, ch. 425, § 7; Laws, 2003, ch. 353, § 1; 
Laws, 2006, ch. 362, § 1, eff from and after passage (approved Mar. 13, 
2006.) 

Editor's Note — Laws of 1987, ch. 425, § 22, provides as follows: 

"SECTION 22. The provisions of this act shall apply to matters under consideration 
by the board after May 1, 1987, except final applications for purchase received and in 
process and the closing of all loan commitments made prior to May 1, 1987." 

Amendment Notes — The 2006 amendment deleted "as" preceding "on a waiting 
list" in the fourth sentence of the first paragraph; and inserted the second paragraph. 

Cross References — The laws relating to veterans are administered by the United 
States Department of Veterans Affairs. See 38 USCS §§ 301 et seq. 

JUDICIAL DECISIONS 

1. In general. 2. Interest. 

2. Interest. Where veteran acquired lot then con- 
1 In general veyed it to a builder under agreement for 

'Where a veteran acquired a lot, then f e builder to construct the house for 

conveyed it to a builder under agreement $4,000 subject to approval of veterans 

for the builder to construct a house, not to farm and home board, and the chancellor 

exceed the sum of $4,000, and the house found that the contractors were entitled to 

would be approved by the veterans farm recover $4,000 for constructing the house, 

and home board so that the agency may the Veteran was liable for interest only 

lend money, the contractor was not bound from the date when the loan was ap- 

to accept as payment for the house the proved. LaBella v. Baggett, 215 Miss. 101, 

appraisal value which the board might 60 So. 2d 576 (1952). 
place on the house. LaBella v. Baggett, 
215 Miss. 101, 60 So. 2d 576 (1952). 

§ 35-7-17. Acquisition of homes for resale to veterans; refi- 
nancing of permanent mortgage loans; limitations as to 
applications for purchase. 

(1) The board may acquire for sale to a veteran a home situated in the 
State of Mississippi, provided that the cost of such home to the board does not 
exceed the maximum loan limit as provided in 38 U.S.C.S. Section 3703 by 
application of the housing loan guaranty for housing loans to veterans as 
defined in 38 U.S.C.S. Section 3701. A veteran purchasing such home may 
advance a sum of money on the purchase price of the home. In addition to the 
home acquisition, the board may also provide the funds for any funding fee 
charged by the Department of Veterans Affairs for any loan contract under- 
written or guaranteed by the Department of Veterans Affairs even if the home 
acquisition cost and the funding fee together exceed the maximum loan 
amount. 

43 



§ 35-7-17 War Veterans and Pensions 

Nothing contained in this chapter shall prevent the acquisition for sale to 
a veteran by the Veterans' Home Purchase Board of the State of Mississippi of 
a home, the title to which has, prior to the date of such purchase, been vested 
in such veteran if title thereto is vested in such veteran due to (a) the veteran 
previously owning the land and the purpose of the application is to finance a 
home on the land; (b) the veteran having taken title to the land for the purpose 
of obtaining construction financing or otherwise constructing or making a 
major renovation of a home on the land; or (c) the veteran having previously 
taken title to the land and home under a nonpermanent purchase money lien 
to secure his ability to purchase the property while awaiting processing, 
approval and closing of his application with the board. 

The proceeds of the purchase approved may be applied toward the 
liquidation of a purchase money lien, contractor's or materialman's lien, or 
temporary construction loan outstanding against the property if the board 
should determine that the indebtedness secured by such liens or loan is not 
adequately financed on a permanent basis. 

(2) The limit provided above on the cost of property to the board may be 
exceeded in the case of a veteran who has been certified for the purchase of a 
home under Public Law No. 782 of the 80th Congress, by Public Law No. 286 
of the 81st Congress, and other amendments thereto, which provides special 
benefits to veterans who have lost the use of both legs. In such cases where the 
federal government donates half of the cost of a dwelling for such a disabled 
veteran, as provided by Public Law No. 286, and, further, where the Depart- 
ment of Veterans Affairs guarantees half of the remainder of the purchase 
price, the board may increase the amount of money to be advanced for such a 
purchase to the maximum loan limits, as provided above. 

(3) Except as otherwise provided in subsection (5) of this section, the 
board shall not consider an application to refinance a home with adequate 
permanent financing with a lending institution, individual or other entity, or 
the refinancing of the veteran's equity in a home to which he has title. The 
board will consider, on a case by case basis, the adequacy of financing when a 
veteran has title to the property and financing with variable rates, terms or 
payments where the board can ascertain that the loan was made with 
temporary intent on either the part of the veteran or lender, or where the 
veteran is in jeopardy of losing the financing due to no fault of his own. In such 
cases, the board shall ascertain that the present lender has no objection to the 
early payoff of the loan and that the veteran has not obtained and continued 
any form of temporary financing for the purpose of waiting for financing by the 
board when he could have previously obtained adequate, permanent financing. 

(4) The board shall not consider applications for purchase that would 
provide the veteran with a second home, or provide funds to be used either 
directly or indirectly for investment purposes. The veteran must divest himself 
of any personal residence before being eligible to close the board purchase on 
a new property. Divestment may be accomplished by sale which transfers title 
to another individual, or by an irrevocable lease/purchase contract, or land 
contract where title passes after the prescribed payment. This requirement 

44 



Veterans' Home Purchase Law § 35-7-17 

that the veteran divest himself may be waived by the board in cases where the 
board can ascertain that the ownership of such property was originally 
intended as a temporary residence or a condominium or mobile home, or that 
the veteran's present residence is inadequate for his needs; and in cases where 
the requirement to sell on short notice will cause a financial hardship or loss 
to the veteran in the market place; and in cases where the sale of the present 
residence is not necessary to free the veteran of obligations to qualify 
financially for the new loan. When such waiver is granted, the veteran must 
agree in writing (a) not to reside in the former residence for a period often (10) 
years, (b) that the rent proceeds in excess of mortgage payments and cash 
expenses on the old home will be paid to the board as a reduction to the loan 
balance on the new home, (c) and that, at the sale of the old home within a 
period often (10) years, a full disclosure of the sale shall be made to the board 
and proceeds of the sale in excess of mortgage payoff and actual cost of the sale 
will be paid to the board as a reduction to the balance of the existing loan with 
the board. 

(5) The board may provide for the refinancing of permanent mortgage 
loans under the following conditions: 

(a) Funds are available to the board from the issuance of its notes or 
bonds in amounts in excess of the funds required for applicants on a waiting 
list for their first loan from the board. 

(b) The veteran has an outstanding mortgage or mortgages on the 
property to be refinanced. 

(c) The weighted average interest rate of all mortgages on the property 
to be refinanced must be at least three and five-tenths percent (3.5%) greater 
than the rate provided by the refinance loan. 

(d) The refinance loan shall be limited to the payoff of existing mort- 
gages plus the closing costs of the transaction and further limited to eighty 
percent (80%) of the property value or amount of the Department of Veterans 
Affairs guaranty available on the refinance loan. 

(e) The board may establish interest rates, terms and conditions on 
refinance loans which may differ from original loans made by the board. 

SOURCES: Codes, 1942, § 7520; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 7; 
Laws, 1948 ch. 493, § 1 ch. 500, § 7, 1950, ch. 465, § 7; Laws, 1956, ch. 352, 
§ 1; Laws, 1958, ch. 460, § 3; Laws, 1962, ch. 478, § 1; Laws, 1964, ch. 479; 
Laws, 1968, ch. 481, § 1; Laws, 1974, ch. 404, § 1; Laws, 1979, ch. 313, § 1; 
Laws, 1985, ch. 501, § 2; Laws, 1987, ch. 425, § 8; Laws, 1993, ch. 409, § 1; 
Laws, 1996, ch. 363, § 1; Laws, 1999, ch. 325, § 1, eff from and after July 1, 
1999. 

Editor's Note — Laws of 1987, ch. 425, § 22, provides as follows: 

"SECTION 22. The provisions of this act shall apply to matters under consideration 
by the board after May 1, 1987, except final applications for purchase received and in 
process and the closing of all loan commitments made prior to May 1, 1987." 

Cross References — Additional limitations on the board's power to purchase 
property for resale to a veteran, see § 35-7-25. 

Board's application of proceeds from issuance of notes to refinancing permanent 
mortgage loans or increasing purchase limit on homes, see § 35-7-45. 

45 



§ 35-7-19 War Veterans and Pensions 

Federal Aspects — Housing and small business loans for veterans, see 38 USCS 
§§ 3701 et seq. 

§ 35-7-19. Acquisition by board of leasehold interests in cer- 
tain lands for resale to veterans. 

In addition to and supplemental to any other authority vested in the 
Veterans Home Purchase Board, the board is authorized and empowered to 
purchase a leasehold interest in sixteenth section lands, and leasehold 
interests in other lands owned by the state or a department thereof, for resale 
of such interest in land to a qualified veteran for a home when the duration of 
such leasehold interest exceeds the amortization period of the board's loan by 
not less than fourteen (14) years or contains automatic renewal to the 
leaseholder and lienholders. The purchase price of the leasehold interest in the 
sixteenth section lands and leasehold interest in other lands owned by the 
state or a department thereof shall not exceed the maximum purchase price as 
otherwise provided by law. However, the veteran acquiring a home under the 
provisions of this chapter shall be given the right to advance a sum of money 
on the total purchase price of the leasehold interest of the home above the 
maximum purchase price to the board. Wherever applicable, all other provi- 
sions of statutes governing said board shall apply, and the board may prescribe 
and adopt needful and necessary rules and regulations to administer this 
section. 

SOURCES: Codes, 1942, § 7520.1; Laws, 1966, ch. 537, § 1; Laws, 1970, ch. 456, 
§ 1; Laws, 1987, ch. 425, § 9, eff from and after May 1, 1987. 

Editor's Note — Laws of 1987, ch. 425, § 22, provides as follows: 
"SECTION 22. The provisions of this act shall apply to matters under consideration 
by the board after May 1, 1987, except final applications for purchase received and in 
process and the closing of all loan commitments made prior to May 1, 1987." 

§§ 35-7-21 and 35-7-23. Repealed. 

Repealed by Laws, 1987, ch 425, § 21, eff from and after May 1, 1987. 

§ 35-7-21. [Codes, 1942, §§ 7520, 7520.3; Laws, 1936, ch. 199; 1946, ch. 
221, § 7; 1948, ch. 493, § 1, ch. 500, § 7; 1950, ch. 465, § 7; 1956, ch. 352, § 1; 
1958, ch. 460, § 3; 1962, ch. 478, § 1; 1964, ch. 479, ch. 482; 1968, ch. 481, § 1; 
1974, ch 404, § 2; 1979, ch 313, § 2; 1985, ch 501, § 3] 

§ 35-7-23. [Codes, 1942, § 7520.5; Laws, 1955, Ex Sess, ch. 125, § 1; 1956, 
ch. 352, § 3; 1958, ch. 460, § 4; 1962, ch. 478, § 2; 1964, ch. 480; 1968, ch. 482, 
§ 1; 1979, ch 313, § 3; 1985, ch 501, § 4] 

Editor's Note — Former § 35-7-21 provided for acquisition by former veterans farm 
and home board of additional land near veteran's homestead for resale to veteran. 

Former § 35-7-23 provided for advance of money for additional construction, reno- 
vation, or improvement to veteran's residence. 



46 



Veterans' Home Purchase Law § 35-7-25 

§ 35-7-25. Selection of home by veteran; contract between 
board and veteran; terms of payment; appraisal. 

(1) When a veteran has been authorized by the board to select the home 
he desires, he shall submit his selection in such form as may be prescribed by 
the board. If the board is satisfied of the desirability of the property submitted 
and if such veteran has agreed with the board to actually reside upon such 
property within sixty (60) days from the date of purchase by the board, and if 
the price of said property to the board does not exceed the maximum provided 
in Section 35-7-17, then the board shall be empowered to purchase said 
property from the owner thereof, including the veteran under the provisions of 
Section 35-7-17(1), upon such terms as may be by them agreed upon. The 
board, in its discretion, is authorized to enter into a contract with the veteran 
for the sale and to consummate the sale of said property to said veteran. The 
board shall fix the selling price of such property by adding to the purchase price 
of said property or to the value of said property as determined by the board 
when such property is acquired by the board in a manner other than by 
purchase, as in foreclosure or repossession, all expenses incurred and esti- 
mated to be incurred by the board in relation thereto, inclusive of interest, 
administration, appraisals, examination of title, incidental expenses and such 
sum as shall be deemed necessary to meet unforeseen contingencies. The 
purchaser shall make an initial payment of at least twenty percent (20%) of the 
selling price of the property; however, the board may reduce or waive said 
initial payment for any veteran provided the loan contract is underwritten or 
guaranteed by the Veterans' Administration in accordance with the terms of 
the Servicemen's Readjustment Act of 1944, as amended. The balance of said 
selling price may be amortized over a period to be fixed by the board, but not 
exceeding thirty (30) years, together with interest thereon at a rate which shall 
be fixed by the board, which shall in no case be less than four percent (4%) per 
annum, and which shall in no case be higher than the rate of interest 
authorized and permitted by the Veterans' Administration for loans guaran- 
teed under the provisions of Title III of the Servicemen's Readjustment Act of 
1944, as amended. The purchaser shall have the right at any time to pay any 
or all installments still remaining unpaid. In any individual case, the board 
may for good cause postpone from time to time, upon such terms as the board 
may deem proper, the payment of the whole or any part of any installment of 
the selling price or interest thereon. The board is empowered in each 
individual case to specify the terms of the contract entered into with the 
purchaser, not contrary to the provisions of this chapter. 

(2) Before the purchase of any property by the board, there must be filed 
with said board an appraisement of the fair and reasonable value of such 
property by a qualified appraiser. Each appraisement shall state, among other 
things, that it is made in good faith and that the valuation is honestly 
determined and represents the bona fide opinion of the maker. 

(3) The board, before consummating the purchase under the provisions of 
this section, shall be satisfied that title to the property sought to be purchased 
is good. 

47 



§ 35-7-27 War Veterans and Pensions 

SOURCES: Codes, 1942, §§ 7520, 7522; Laws, 1936, ch. 199; Laws, 1946, ch. 221, 
§§ 7, 9-11; Laws, 1948, ch. 493, § 1, ch. 500, §§ 7, 9-11; Laws, 1950, ch. 465, 
§§ 7, 9-11; Laws, 1956, ch. 352, §§ 1, 2; Laws, 1958, ch. 460, §§ 3, 5; Laws, 
1962, ch. 478, §§ 1, 3; Laws, 1964, ch. 479; Laws, 1968, ch. 481, §§ 1, 2; Laws, 
1974, ch. 404, § 3; Laws, 1979, ch. 313, § 4; Laws, 1985, ch. 501, § 5; Laws, 
1987, ch. 425, § 10, eff from and after May 1, 1987. 

Editor's Note — Laws of 1987, ch. 425, § 22, provides as follows: 

"SECTION 22. The provisions of this act shall apply to matters under consideration 
by the board after May 1, 1987, except final applications for purchase received and in 
process and the closing of all loan commitments made prior to May 1, 1987." 

Cross References — Loan requirements; purchase of loans, see § 43-33-719. 

Federal Aspects — Readjustment benefits, see 38 USCS §§ 3701 et seq. Chapter 37 
of title 38, United States Code [38 USCS §§ 3701 et seq.], is a continuation and 
restatement of the provisions of Title III of the Servicemen's Readjustment Act of 1944, 
referred to in this section, and may be considered to be an amendment to such Title III. 

JUDICIAL DECISIONS 

1. In general. 2. Interest. 

2. Interest. Where veteran acquired lot then con- 
1 In general veyed it to a builder under agreement for 

'Where a veteran acquired a lot, then the builder to construct the house for 

conveyed it to a builder under agreement $4,000, subject to approval of veterans 

for the builder to construct a house, not to farm and home board, and the chancellor 

exceed the sum of $4,000, and the house found that the contractors were entitled to 

would be approved by the veterans farm recover $4,000 for constructing the house, 

and home board so that the agency may the veteran was liable for interest only 

lend money, the contractor was not bound from the date when the loan was ap- 

to accept as payment for the house the proved. LaBella v. Baggett, 215 Miss. 101, 

appraisal value which the board might 60 So. 2d 576 (1952). 
place on the house. LaBella v. Baggett, 
215 Miss. 101, 60 So. 2d 576 (1952). 

§ 35-7-27, Details of contract between board and purchaser. 

The contract entered into between the board and the purchaser shall 
provide, among other things, that the purchaser intends to maintain said farm 
or home as his place of residence, that the purchaser shall keep the same in 
good order, that the purchaser shall keep in repair all buildings, fences and 
other permanent improvements, situated thereon, and that the purchaser 
shall insure and keep insured against fire and other hazards, all buildings and 
other permanent improvements on said property, in an insurance company 
authorized to do business in Mississippi, with a loss payable clause or standard 
New York mortgage clause in standard form payable to the board as its interest 
shall appear, in such amount or amounts and in such insurance company or 
companies as shall be agreeable to the board. 

SOURCES: Codes, 1942, § 7523; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 12; 
Laws, 1948, ch. 500, § 12; Laws, 1950, ch. 465, § 12. 



48 



Veterans' Home Purchase Law § 35-7-29 

§ 35-7-29. Execution of general deed and deed of trust; notice 
of veteran's intent to transfer property. 

When a purchaser shall have paid as much as twenty percent (20%) on 
such home, or when the purchaser shall cause the amount due on such 
purchase to be underwritten by the United States Department of Veterans 
Affairs under the provisions of the Servicemen's Readjustment Act of 1944, the 
board may determine the amount of the initial payment to be made by the 
veteran, if any, and the board is hereby authorized and empowered to execute 
to the purchaser a deed to the property and to take back from such purchaser 
a trust deed to secure the balance due the board on such transaction, payable 
over a period of not exceeding thirty (30) years on such amortization plan as 
the board may determine. Such trust deed and evidence of debt shall run in 
favor of the Veterans' Home Purchase Board of the State of Mississippi. 

It is the intent of the Legislature that the benefits of this purchase 
permitting home ownership be enjoyed by the eligible veteran. Although it is 
recognized that many events may cause transfer of title or habitation during 
the term of the loan, the veteran is encouraged to retain permanent ownership 
of, and to reside in, the home; therefore, a veteran desiring to transfer his 
property should provide at least thirty (30) days' advance notice to the board. 
Upon notice, he or his designated agent shall be provided a current accounting 
on his loan, instruction on transfer procedures established by the board, and 
information concerning the impact of a transfer to him and the new owner. 

All loans secured by deed of trust, except those guaranteed by the United 
States Department of Veterans Affairs, shall be made under a deed of trust 
providing an acceleration clause (due on sale) when the title is transferred 
from the original veteran. The board may waive the execution of such clause by 
specific majority decision of the board and shall establish procedures and 
criteria for consideration of such waiver. 

SOURCES: Codes, 1942, § 7523.5; Laws, 1946, ch. 221, § 13; Laws, 1948, ch. 500, 
§ 13; Laws, 1948, ch. 500, § 13; Laws, 1950, ch. 465, § 13; Laws, 1958, ch. 460, 
§ 6; Laws, 1987, ch. 425, § 11; Laws, 1991, ch. 361 § 1, eff from and after 
passage (approved March 15, 1991). 

Editor's Note — Laws of 1987, ch. 425, § 22, provides as follows: 
"SECTION 22. The provisions of this act shall apply to matters under consideration 
by the board after May 1, 1987, except final applications for purchase received and in 
process and the closing of all loan commitments made prior to May 1, 1987." 

Federal Aspects — Readjustment benefits, see 38 USCS §§ 3701 et seq. Chapter 37 
of title 38, United States Code [38 USCS §§ 3701 et seq.], is a continuation and 
restatement of the provisions of Title III of the Servicemen's Readjustment Act of 1944, 
referred to in this section, and may be considered to be an amendment to such Title III. 

RESEARCH REFERENCES 

ALR. What transfers justify accelera- 
tion under "due-on-sale" clause of real- 
estate mortgage. 22 A.L.R.4th 1266. 

49 



§ 35-7-31 War Veterans and Pensions 

§ 35-7-31. Escrow agreements. 

The board is authorized to enter into escrow agreements with the 
purchaser for the payment of anticipated taxes and hazard insurance premi- 
ums, or for the payment of life insurance premiums in cases where the board 
requires a life insurance policy to cover the unpaid balance of the indebtedness. 

All funds collected as escrow items for the benefit of the veteran as 
insurance premiums, taxes, appraisal fees, and other funds belonging to the 
veteran, and not the state revolving fund, shall be maintained and accounted 
for separately from the special revolving fund, although the receipt of such 
funds may be commingled with installment payments or other payments to the 
board. The board shall establish separate accounts and trusteeships for this 
purpose exclusive of requirements that agencies of the state commingle funds 
into one (1) state treasury account. Interest earned on such deposits shall 
accrue to the state revolving fund of the board, and shall be paid to the 
revolving fund annually. 

SOURCES: Codes, 1942, § 7524; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 14; 
Laws, 1948, ch. 500, § 14; Laws, 1950, ch. 465, § 14; Laws, 1987, ch. 425, § 12, 
eff from and after May 1, 1987. 

Editor's Note — Laws of 1987, ch. 425, § 22, provides as follows: 
"SECTION 22. The provisions of this act shall apply to matters under consideration 
by the board after May 1, 1987, except final applications for purchase received and in 
process and the closing of all loan commitments made prior to May 1, 1987." 

Cross References — Commingling of funds in board's revolving fund, exclusive of 
escrow funds, see § 35-7-45. 

§ 35-7-33. Satisfaction of taxes, assessments, etc.; improve- 
ments. 

If the purchaser fails or neglects to pay, satisfy and discharge at maturity 
any taxes, assessments or other charges or encumbrances which shall be a lien 
upon the property being purchased from the board, or any part thereof, or any 
taxes or assessments levied or assessed upon the land so bought or the interest 
created by the contract or purchase of such property, or if the purchaser fails 
or neglects to keep the buildings and other permanent improvements upon 
such property insured as provided by this chapter, or if the purchaser fails or 
neglects to keep in good order and repair all buildings, fences and other 
permanent improvements situated upon such property as provided by this 
chapter, then, and in any such event, it shall be lawful for the board to pay, 
satisfy, discharge, settle or compromise such taxes, assessments, charges or 
encumbrances, or to insure said buildings, and permanent improvements, or 
any of them, or to do or cause to be done the work and supply the material 
necessary to keep the buildings, fences and other improvements situated upon 
such property in good order and repair. All monies so expended by the board 
shall be added to the selling price of such property, or balance due, and bear 
interest at the same rate as the original loan, or the current rate set by the 
board, at the board's discretion, computed annually, from the date of expending 

50 



Veterans' Home Purchase Law § 35-7-35 

the same, and shall be repaid by the purchaser to the board on demand. The 
board may amortize the repayment of such expenditures or permit repayment 
in installments upon such terms and conditions as it deems proper. The board 
shall be the sole judge of the legality or validity of such taxes, assessments, 
charges or encumbrances and the amount of insurance to be placed upon the 
buildings, and other permanent improvements situated upon such property 
and the amount necessary to be paid for the premiums for such insurance, and 
the necessity and nature of the work necessary to keep the good order and 
repair and the amount necessary to be paid therefor. 

SOURCES: Codes, 1942, § 7524; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 14; 
Laws, 1948, ch. 500, § 14; Laws, 1950, ch. 465, § 14; Laws, 1987, ch. 425, § 13, 
eff from and after May 1, 1987. 

Editor's Note — Laws of 1987, ch. 425, § 22, provides as follows: 
"SECTION 22. The provisions of this act shall apply to matters under consideration 
by the board after May 1, 1987, except final applications for purchase received and in 
process and the closing of all loan commitments made prior to May 1, 1987." 

JUDICIAL DECISIONS 

1. In general. 2. Interest. 

2. Interest. Where veteran acquired lot then con- 



1. In general. 



veyed it to a builder under agreement for 






Where a veteran acquired a lot, then f e builder to construct the house for 

conveyed it to a builder under agreement $4,000 subject to approval of veterans 

for the builder to construct a house, not to farm an< ^ nome board, and the chancellor 

exceed the sum of $4,000, and the house found that the contractors were entitled to 

would be approved by the veterans farm recover $4,000 for constructing the house, 

and home board so that the agency may the veteran was liable for interest only 

lend money, the contractor was not bound from the date when the loan was ap- 

to accept as payment for the house the proved. LaBella v. Baggett, 215 Miss. 101, 

appraisal value which the board might 60 So. 2d 576 (1952). 
place on the house. LaBella v. Baggett, 
215 Miss. 101, 60 So. 2d 576 (1952). 

§ 35-7-35. Cancellation; foreclosure. 

In event of a failure of a purchaser to comply with any of the terms of his 
contract, or the trust deed, provided for in this chapter, the board shall have 
the right at its option to cancel such contract or to cause a foreclosure thereof 
to be made under its deed of trust. Failure of the board to exercise any option 
to foreclose or to exercise any other rights under the trust deed held by it for 
any default on the part of the purchaser or mortgagor, shall not be deemed a 
waiver of its rights then or at any future time to exercise such right or rights. 
In the event of any sale under foreclosure as herein provided for, the board may 
appear at such sale and bid on said property, and may become the purchaser 
at such sale. Property foreclosed, repossessed or otherwise reverted to the 
board may be conveyed to the Veterans' Administration in the case of VA 



51 



§ 35-7-37 War Veterans and Pensions 

Guaranty, resold inclusive of refinancing, or otherwise disposed of to the 
highest financial advantage in the best judgment of the board. 

SOURCES: Codes, 1942, § 7525; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 15; 
Laws, 1948, ch. 500, § 15; Laws, 1950, ch. 465, § 15; Laws, 1987, ch. 425, § 14, 
eff from and after May 1, 1987. 

Editor's Note — Laws of 1987, ch. 425, § 22, provides as follows: 

"SECTION 22. The provisions of this act shall apply to matters under consideration 
by the board after May 1, 1987, except final applications for purchase received and in 
process and the closing of all loan commitments made prior to May 1, 1987." 

Federal Aspects — The laws relating to veterans are administered by the United 
States Department of Veterans Affairs. See 38 USCS §§ 301 et seq. 

Housing and small business loans for veterans, see 38 USCS §§ 3701 et seq. 

§ 35-7-37. Care of property reverting to board. 

The board shall have the power to insure and keep insured against fire and 
other hazards as the board may determine, all buildings, and other permanent 
improvements, or any of them, situated upon any property which has reverted 
to and is under the control of the board. The board shall have the power to do 
or cause to be done the work and supply the materials necessary to keep said 
buildings, fences, and other improvements situated upon such property in good 
order and repair. The board shall have authority to lease or let such property, 
in whole or in part, upon such terms as it may deem proper, and if a farm, to 
cultivate such farm or cause it to be cultivated, or harvest or cause to be 
harvested the crop or crops growing thereon. 

SOURCES: Codes, 1942, § 7526; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 16; 
Laws, 1948, ch. 500, § 16; Laws, 1950, ch. 465, § 16. 

§ 35-7-39. Second purchases of property for veteran. 

The intent of this law is to provide a one-time benefit to the veteran, and 
the board shall not consider applications for the purchase of a second home as 
long as there are eligible veterans on the waiting list to apply for a first 
purchase. 

If a veteran who has been the beneficiary of this chapter loses his home by 
fire, windstorm or other insurable hazard beyond his control and his account 
with the board is paid in full, the board may, in its discretion, approve the 
purchase of a home for such veteran, subject to all the other provisions of this 
chapter. 

SOURCES: Codes, 1942, § 7518; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 2; 
Laws, 1948, ch. 500, § 2; Laws, 1950, ch. 465, § 2; Laws, 1952, ch. 311, § 1; 
Laws, 1956, ch. 351; Laws, 1958, ch. 460, § 1; Laws, 1964, ch. 477; Laws, 1966, 
ch. 277, § 1; Laws, 1987, ch. 425, § 15, eff from and after May 1, 1987. 

Editor's Note — Laws of 1987, ch. 425, § 22, provides as follows: 

52 



Veterans' Home Purchase Law § 35-7-45 

"SECTION 22. The provisions of this act shall apply to matters under consideration 
by the board after May 1, 1987, except final applications for purchase received and in 
process and the closing of all loan commitments made prior to May 1, 1987." 

§ 35-7-41. Rights of surviving spouse. 

If a veteran dies after filing his or her application for a home as provided 
in this chapter, and his or her application is subsequently approved, his or her 
unremarried spouse may, in the discretion of the board, succeed to his or her 
rights, privileges and benefits under this law that would have been his or hers 
but for his or her death. The contract or purchase which the board otherwise 
would or might have entered into with such veteran may be entered into with 
his or her unremarried spouse. 

SOURCES: Codes, 1942, § 7529; Laws, 1936, ch. 199; Laws, 1946, ch. 221, § 19; 
Laws, 1948, ch. 500, § 17; Laws, 1950, ch. 465, § 17; Laws, 1987, ch. 425, § 16, 
eff from and after May 1, 1987. 

Editor's Note — Laws of 1987, ch. 425, § 22, provides as follows: 
"SECTION 22. The provisions of this act shall apply to matters under consideration 
by the board after May 1, 1987, except final applications for purchase received and in 
process and the closing of all loan commitments made prior to May 1, 1987." 

§ 35-7-43. Removal of disability of minority. 

Any citizen of this state, over the age of 18 years and under the age of 21 
years, otherwise qualified under the provisions of this chapter and desirous of 
obtaining the benefits of this chapter, notwithstanding such minority, shall be 
entitled to avail of the benefits of this chapter, and for so doing the minority of 
such person is hereby removed to authorize the same. 

SOURCES: Codes, 1942, § 7531.7; Laws, 1946, ch. 221, § 23; Laws, 1948, ch. 500, 
§ 22; Laws, 1950, ch. 465, § 23. 

§ 35-7-45. Funds; sale of mortgages; issuance of notes. 

(a) Any money previously appropriated to the revolving fund of the board 
or that may be hereinafter appropriated shall be commingled, exclusive of 
escrow funds provided for in Section 35-7-31, into a general revolving fund for 
carrying out the provisions of this chapter. The expense of administering this 
chapter shall be paid from the revolving fund within the limitations provided 
by Section 35-7-9. The revolving fund of the board will constitute a trust fund 
and shall be segregated from all other funds in the State Treasury. All interest 
earned by the State Treasury on any investment of the Veterans' Home 
Purchase Board Revolving Fund shall be placed to the credit of such fund. The 
State Fiscal Management Board is authorized and directed to draw warrants 
upon such funds from time to time upon requisition of the board executed by 
its executive officer, and the State Treasurer is hereby authorized and directed 
to pay such warrants. 

53 



§ 35-7-45 War Veterans and Pensions 

(b) The money repaid by the purchaser shall be deposited in the board's 
revolving fund and shall be available under the same conditions as the original 
appropriation. The board shall have continuing authority to expend funds up 
to the maximum amount received into the special revolving fund, limited to the 
discretionary best judgment of the board as to reserve. The board shall submit 
to the State Fiscal Management Board, the Legislative Budget Office, legisla- 
tive appropriation committees, and other such authority as may arise or be 
deemed necessary, an annual budget, using the standard general fund budget 
format as a model, but modified to reflect an accurate and management- 
oriented view of the revolving fund, and an annual report reflecting a detailed 
analysis of all revenue and expenditures. All funds in the revolving fund in 
excess of the one percent (1%) administrative expense allowance shall be 
expended or committed for new loans with the exception of the reserve judged 
necessary by the board. 

(c) The board, with the advice and consent of the State Bond Commission, 
may also sell or hypothecate its mortgage loans to the Reconstruction Finance 
Corporation of the United States Government or to any subsidiary agency 
thereof, or to any other agency, private or public, when a sale of such mortgage 
loans would be to the advantage of the board. However, no mortgage loans may 
be sold for less than the prevailing market value, which may include sale at a 
discount from book value when discounted to present value to equate to market 
yields, of said loans as determined by the State Bond Commission. The 
provisions of this section may also include the discounting to present value of 
lower interest rate loans to the mortgagor to encourage early payoff of the loan. 

(d) The board may issue its notes in such amounts and for such terms as 
the board may deem advisable to provide additional funds for purchase of 
veterans' homes, and such notes shall be eligible for purchase by any agency of 
the State of Mississippi. The repayment of such notes shall be guaranteed by 
the board, and any and all income to the board from the repayments of the 
principal and interest on its purchases by veterans shall be first pledged to 
repayment of any maturing notes. The maturity dates, denomination or 
amount, and rate of interest of such notes shall be determined by the board; 
however, such notes shall in no event exceed a term of thirty (30) years nor 
bear a higher rate of interest than one percent (1%) below that received by the 
board on its mortgages and deeds of trust. Notwithstanding any other 
provisions of this chapter, the board may apply the proceeds from the issuance 
of its notes under this section or the issuance of its bonds under any other 
applicable law, as follows: 

(i) Refinancing of permanent mortgage loans, subject to the conditions 
specified in Section 35-7-17(5). 

(ii) Increasing the purchase limit on homes as provided in Section 

35-7-17(1). 

The board shall have the authority to sell outright its mortgages and deeds 

of trust at market value, or discounted to present value, as hereinabove 

provided and to service said mortgages for the purchaser, collecting the 

principal and interest due the owner of such mortgages, and to charge therefor 

54 



Veterans' Home Purchase Law § 35-7-47 

a reasonable service fee to be mutually agreed upon by the purchaser of such 
mortgages and the board. 

Any notes issued by the board must be approved at a regular meeting of 
the board, upon favorable vote by a majority of four (4) members of the board, 
who shall authorize the chairman and the executive director of said board to 
issue and sign such notes as the official deed and act of the whole board. 

(e) Any additional monies appropriated or obtained to extend the benefits 
of this chapter shall be commingled with and become an integral part of the 
revolving fund provided by this section, and the method of accounting therefor 
shall be the same as used with respect to any other monies in the revolving 
fund. 

SOURCES: Codes, 1942, § 7531; Laws, 1936, ch. 199; Laws, 1946, ch. 221, §§ 21, 
22; Laws, 1948, ch. 500, §§ 19-21: 1950, ch. 465, §§ 19-22; Laws, 1952, ch. 311, 
§ 2; Laws, 1956, ch. 353; Laws, 1958, ch. 460, § 7; Laws, 1962, ch. 478, § 4; 
Laws, 1987, ch. 425, § 17, eff from and after May 1, 1987. 

Editor's Note — Section 27-104-1 provides that the term "Fiscal Management 
Board" shall mean the "Department of Finance and Administration". 

Laws of 1987, ch. 425, § 22, provides as follows: 

"SECTION 22. The provisions of this act shall apply to matters under consideration 
by the board after May 1, 1987, except final applications for purchase received and in 
process and the closing of all loan commitments made prior to May 1, 1987." 

Cross References — Legislative Budget Office, see §§ 27-103-101 et seq. 

Department of Finance and Administration, see §§ 27-104-1 et seq. 

State Bond Commission, see §§ 31-17-1 et seq. 

Federal Aspects — Reconstruction Finance Corporation of the United States 
Government, see 5 USCS § 903 note (Reorg. Plan No. 1 of 1951, No. 2 of 1954, and No. 
1 of 1957). 

§ 35-7-47. Special consideration in event of hardship. 

This law recognizes the occurrence of extreme and unusual circumstances 
which create hardship on veteran applicants from time to time; therefore, the 
board shall have the authority to waive, according to its best judgment, certain 
provisions, rules and criteria on a case by case basis. Any request for special 
consideration of hardship shall be fully documented and verified by the board, 
to include signed statements by the applicant, knowledgeable disinterested 
third parties, and investigation by an officer or employee of the board. 

SOURCES: Laws, 1987, ch. 425, § 18, eff from and after May 1, 1987. 

Editor's Note — Laws of 1987, ch. 425, § 22, provides as follows: 
"SECTION 22. The provisions of this act shall apply to matters under consideration 
by the board after May 1, 1987, except final applications for purchase received and in 
process and the closing of all loan commitments made prior to May 1, 1987." 



55 



§ 35-7-49 War Veterans and Pensions 

§ 35-7-49. Confidentiality of information obtained in loan 
processing. 

All personal information, including financial and credit information, 
provided to the board for the purpose of obtaining and servicing a loan, shall 
be held in strict confidence by the board, and used only by the board and its 
authorized employees for the purpose of processing and servicing the subject 
loan. Release of any information on an applicant or borrower outside of the 
board shall be only by proper legal subpoena or by the written consent of the 
individual involved. The intent is to protect the privacy of individual citizens/ 
veterans and to provide complete candor in loan processing and related 
business matters. This section is not intended to apply to communication with 
the credit and financial community on credit evaluation and loan servicing. 
Also, it is not intended to prevent the disclosure of information in the process 
of negotiating a settlement by a third party when a loan is in default or 
otherwise in violation of this law. 

SOURCES: Laws, 1987, ch. 425, § 19, eff from and after May 1, 1987. 

Editor's Note — Laws of 1987, ch. 425, § 22, provides as follows: 
"SECTION 22. The provisions of this act shall apply to matters under consideration 
by the board after May 1, 1987, except final applications for purchase received and in 
process and the closing of all loan commitments made prior to May 1, 1987." 

§ 35-7-51. Criminal sanctions for fraudulent conduct. 

Any person, seller, veteran, broker, agent, attorney or corporate officer, 
who shall knowingly make, utter, publish, pass or use any false, fictitious or 
forged paper, document, contract, affidavit, application, assignment or other 
instrument in writing in connection with or pertaining to any transaction 
under this law, shall be guilty of a felony and, upon conviction thereof, shall be 
subject to punishment under the laws of the State of Mississippi, and shall 
further forfeit any rights to the benefits of this law, and shall repay on demand 
any funds expended by the board on his or her behalf or otherwise outstanding 
to the board. 

SOURCES: Laws, 1987, ch. 425, § 20, eff from and after May 1, 1987. 

Editor's Note — Laws of 1987, ch. 425, § 22, provides as follows: 
"SECTION 22. The provisions of this act shall apply to matters under consideration 
by the board after May 1, 1987, except final applications for purchase received and in 
process and the closing of all loan commitments made prior to May 1, 1987." 

RESEARCH REFERENCES 

ALR. Admissibility, in forgery prosecu- False statement as to existing encum- 

tion, of other acts of forgery. 34 A.L.R.2d brance on chattel in obtaining loan or 

777. credit as criminal false pretense. 53 

Forgery: use of fictitious or assumed A.L.R.2d 1215. 

name. 49 A.L.R.2d 852. Admissibility to establish fraudulent 

56 



Veterans' Home Purchase Law § 35-7-51 

purpose or intent, in prosecution for ob- ments made by accused to victim. 10 

taining or attempting to obtain money or A.L.R.3d 572. 

property by false pretenses, of evidence of Spouse's acceptance or retention of ben- 
similar attempts on other occasions. 78 efits of other spouse's fraudulent act as 
A.L.R.2d 1359. ratification of transaction. 82 A.L.R.3d 

Admissibility on behalf of accused of 625. 

evidence of similar acts or transactions Am Jur. 36 Am. Jur. 2d, Forgery §§ 68, 

tending to rebut fraudulent intent. 90 69. 

A.L.R.2d 903. 37 Am. Jur. 2d, Fraud and Deceit § 47. 

Admissibility, in prosecution for obtain- 73 Am. Jur. 2d, Statutes §§ 194-198. 

ing money or property by fraud or false CJS. 37 C.J.S., Forgery § 98. 

pretenses, of evidence of subsequent pay- 37 C.J.S., Fraud § 96. 



57 



CHAPTER 9 

Pensions 
[Repealed] 

§§ 35-9-1 through 35-9-35. Repealed. 

Repealed by Laws, 1992, ch. 396, § 12, eff from and after passage 
(approved April 27, 1992). 

§ 35-9-1. [Codes, 1930, § 5807; 1942, § 7462; Laws, 1930, ch. 28; 1940, ch. 
301; 1946, ch. 389, § 1; 1948, ch. 409, § 1; 1950, ch. 525; 1976, ch. 3601 

§§ 35-9-3, 35-9-5. [Codes, 1930, §§ 5808-5810; 1942, §§ 7463-7465; Laws, 
1930, ch. 28] 

§ 35-9-7. [Codes, 1930, § 5812; 1942, § 7467; Laws, 1930, ch. 28; 1946, ch. 
389, § 2] 

§ 35-9-9. [Codes, 1930, § 5821; 1942, § 7482; Laws, 1930, ch. 28.] 

§ 35-9-11. [Codes, 1930, §§ 5812, 5817; 1942, §§ 7467, 7478; Laws, 1930, ch. 
28; 1938, ch. 360; 1946, ch. 389, § 2] 

§§ 35-9-13 through 35-9-27. [Codes, 1930, §§ 5810, 5811, 5813-5815, 5819, 
5820, 5822; 1942, 7465, 7466, 7468-7470, 7480, 7481, 7483; Laws, 1930, ch. 28] 

§ 35-9-29. [Codes, 1930, § 5816; 1942, § 7477; Laws, 1930, ch. 28; 1968, ch. 
361, § 10] 

§ 35-9-31. [Codes, 1930, § 5817; 1942, § 7478; Laws, 1930, ch. 28; 1938, ch. 
360] 

§§ 35-9-33, 35-9-35. [Codes, 1930, §§ 5818, 5823, 5824,; 1942, §§ 7479, 
7484, 7485; Laws, 1930, ch. 28] 

Editor's Note — Former § 35-9-1 was entitled "Who is entitled to draw confederate 

pension funds." 

Former § 35-9-3 was entitled "Pension commissioner." 

Former § 35-9-5 was entitled "Application for benefits." 

Former § 35-9-7 was entitled "County boards of inquiry" 

Former § 35-9-9 was entitled "Oath of members of board of inquiry" 

Former § 35-9-11 was entitled "Passing upon and approving of applications." 

Former § 35-9-13 was entitled "List of pensioners to be published and posted." 

Former § 35-9-15 was entitled "Special meeting of the board of inquiry." 

Former § 35-9-17 was entitled "Striking names from rolls of those not entitled to draw 

pensions." 

Former § 35-9-19 was entitled "Restoration of names left off rolls by mistake; unpaid 

warrants." 

Former § 35-9-21 was entitled "Effect of pensioner's change of residence to another 

county in state." 

Former § 35-9-23 was entitled "Effect of pensioner's change of residence out of state." 
Former § 35-9-25 was entitled "Boards of inquiry are empowered to summon 

witnesses, administer oaths and take proof." 

Former § 35-9-27 was entitled "Preparation of roll by pension commissioner." 

Former § 35-9-29 was entitled "Pension distribution." 

Former § 35-9-31 was entitled "Disposition of unpaid installments of deceased 

pensioner." 

Former § 35-9-33 was entitled "Duty of clerk to make report and remittances to 

pension commissioner." 
Former § 35-9-35 was entitled "Violations." 

58 



TITLE 37 
EDUCATION 

Chapter 1. State Board of Education 37-1-1 

Chapter 3. State Department of Education 37-3-1 

Chapter 4. State Board for Community and Junior Colleges 37-4-1 

Chapter 5. County Boards of Education and Superintendents 37-5-1 

Chapter 6. Mississippi Uniform School Law 37-6-1 

Chapter 7. School Districts; Boards of Trustees of School Districts 37-7-1 

Chapter 9. District Superintendents, Principals, Teachers, and Other 

Employees 37-9-1 

Chapter 11. General Provisions Pertaining to Education 37-11-1 

Chapter 13. Curriculum; School Year and Attendance 37-13-1 

Chapter 14. Mary Kirkpatrick Haskell-Mary Sprayberry Public School 

Nurse Act of 2007 37-14-1 

Chapter 15. Public Schools; Records, Enrollment and Transfer of Pupils 37-15-1 

Chapter 16. Statewide Testing Program 37-16-1 

Chapter 17. Accreditation of Schools 37-17-1 

Chapter 18. Superior-Performing, Exemplary and Priority Schools 

Programs 37-18-1 

Chapter 19. Minimum Program of Education 37-19-1 

Chapter 20. Remedial Education 37-20-1 

Chapter 21. Early Childhood Education 37-21-1 

Chapter 22. State Funds for School Districts 37-22-1 

Chapter 23. Exceptional Children 37-23-1 

Chapter 25. Driver Education and Training 37-25-1 

Chapter 26. State Court Education Fund 37-26-1 

Chapter 27. Agricultural High Schools 37-27-1 

Chapter 28. Charter Schools 37-28-1 

Chapter 29. Junior Colleges : 37-29-1 

Chapter 31. Vocational Education 37-31-1 

Chapter 33. Civilian Vocational Rehabilitation 37-33-1 

Chapter 35. Adult Education 37-35-1 

CHAPTER 1 
State Board of Education 



Sec. 
37-1-1. 

37-1-2. 
37-1-3. 



37-1-4. 
37-1-5. 

37-1-7. 
37-1-9. 



Establishment; composition; qualifications, appointment, terms of office 
and compensation of members; meetings; officers. 
Legislative findings and determinations; state policy. 
Adoption of rules and regulations; budget; central management; educa- 
tional improvement program; curriculum and course of study; objectives 
for instruction in personal money management skills; authority to 
expend available federal funds for training expenses and salary incen- 
tives for licensed teachers. 
Transition. 

Decision of appeals from county superintendents and state superinten- 
dent. 

Grounds and procedure for removal of county superintendent. 
Administration of oaths of members of board; examination of witnesses 
by board. 



59 



§ 37-1-1 Education 

37-1-11. Duties of State Department and local boards as to preservation of 

classroom instructional time and paperwork reduction. 
37-1-13. Purchase and use of relocatable classrooms. 

§ 37-1-1. Establishment; composition; qualifications, appoint- 
ment, terms of office and compensation of members; meet- 
ings; officers. 

From and after July 1, 1984, there shall be a state board of education 
which shall manage and invest school funds according to law, formulate 
policies according to law for implementation by the State Department of 
Education and perform such other duties as may be prescribed by law. The 
board shall consist of nine (9) members of whom none shall be an elected 
official. The Governor shall appoint one (1) member who shall be a resident of 
the Third Supreme Court District and who shall serve an initial term of one (1) 
year, one (1) member who shall be a resident of the First Supreme Court 
District and who shall serve an initial term of five (5) years, one (1) member 
who shall be a resident of the Second Supreme Court District and who shall 
serve an initial term of nine (9) years, one (1) member who shall be employed 
on an active and full-time basis as a school administrator and who shall serve 
an initial term of three (3) years, and one (1) member who shall be employed 
on an active and full-time basis as a schoolteacher and who shall serve an 
initial term of seven (7) years. The Lieutenant Governor shall appoint two (2) 
members from the state at large, one (1) of whom shall serve an initial term of 
four (4) years and one (1) of whom shall serve an initial term of eight (8) years. 
The Speaker of the House of Representatives shall appoint two (2) members 
from the state at large, one (1) of whom shall serve an initial term of two (2) 
years and one (1) of whom shall serve an initial term of six (6) years. The initial 
terms of appointees shall begin on July 1, 1984, and all subsequent appoint- 
ments shall begin on the first day of July for a term of nine (9) years and 
continue until their successors are appointed and qualify; however, to ensure 
an orderly process of transition, the initial appointments shall be made not 
later than March 1, 1984. An appointment to fill a vacancy which arises for 
reasons other than by expiration of a term of office shall be for the unexpired 
term only. All members shall be appointed with the advice and consent of the 
Senate, and no member shall be actively engaged in the educational profession 
except as stated above. 

The first official meeting of the original board members shall be called by 
the Governor as soon after July 1, 1984, as practical. The board shall elect a 
chairman from its membership at the first meeting of the original board 
members and every year thereafter. A majority of the membership of the board 
shall constitute a quorum for the transaction of any business. The board shall 
meet regularly once a month at such time as shall be designated by an order 
entered upon the minutes thereof. Special meetings of the board shall be held 
upon call of the chairman or upon the call of a majority of the members thereof. 
The State Superintendent of Public Education shall be the secretary of the 
board. The board shall hold its sessions at the seat of government, or at such 

60 



State Board of Education § 37-1-2 

location in the State of Mississippi as shall be designated by an order entered 
upon the minutes thereof. 

Members of the board shall be reimbursed for expenses in the manner and 
amount specified in Section 25-3-41 and shall be entitled to receive per diem 
compensation as authorized in Section 25-3-69. 

SOURCES: Codes, 1930, § 6548; Laws, 1942, § 6233; Laws, 1924, ch. 283; Laws, 
1930, ch. 278; Laws, 1982, Ex Sess, ch. 17, § 3; Laws, 1986, ch. 432, § 1, eff 
from and after July 1, 1986. 

Editor's Note — Laws of 1982, Ex Sess, ch. 17, § 1, eff from and after passage 
(approved December 21, 1982), provides as follows: 

"SECTION 1. This act shall be referred to as the 'Mississippi Education Reform Act 
of 1982.' " 

Laws of 1984, 1st Ex Sess, ch. 10, § 8, eff from and after July 1, 1984, provides as 
follows: 

"SECTION 8. The legislature hereby reaffirms its commitment to fully and timely 
fund the provisions of the Mississippi Education Reform Act of 1982, cited as Chapter 
17, Laws of the Extraordinary Session of 1982." 

Cross References — Supreme Court districts defined, see § 9-3-1. 

Creation and composition of the state department of education, see § 37-3-1. 

State superintendent of public education and his duties generally, see §§ 37-3-9, 
37-3-11. 

Approval of selection for deputy superintendents, associate superintendents and 
directors and compensation thereof, see § 37-3-13. 

Establishment of county boards of education generally, see § 37-5-1. 

Powers and duties of state board of education regarding the Gifted Education Act, see 
§§ 37-23-177, 37-23-179. 

Designation of state board of education as governing body of Mississippi School for 
Math and Science, and the duties of the board with respect thereto, see §§ 37-139-1 et 
seq. 

Preparation of energy management plans, see §§ 57-39-101 et seq. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 59 Vacca and Bosher, Law and Education 
et seq. Contemporary Issues and Court Decisions 

CJS. 78 C.J.S., Schools and School Dis- (Matthew Bender), 
tricts §§81 et seq. R app , Education Law (Matthew 

Practice References. Mississippi Bender). 
School Laws Annotated (Michie). 

Federal Education Laws and Regula- 
tions (Michie). 

§ 37-1-2. Legislative findings and determinations; state pol- 
icy. 

The legislature finds and determines that the quality of public education 
and its effect upon the social, cultural and economic enhancement of the people 
of Mississippi is a matter of public policy, the object of which is the education 
and performance of its children and youth. The legislature hereby declares the 
following to be the policy of the State of Mississippi: 

61 



§ 37-1-2 Education 

(a) That the students, parents, general citizenry, local schoolteachers 
and administrators, local governments, local school boards, and state 
government have a joint and shared responsibility for the quality of 
education delivered through the public education system in the State of 
Mississippi; 

(b) To produce a functionally literate school population; 

(c) To ensure that all students master the most essential parts of a basic 
education; 

(d) To establish, raise and maintain educational standards; 

(e) To improve the quality of education by strengthening it and elevat- 
ing its goals; 

(f) To provide quality education for all school-age children in the state; 

(g) That excellence and high achievement of all students should be the 
ultimate goal; 

(h) To encourage the common efforts of students, parents, teachers, 
administrators and business and professional leaders for the establishment 
of specific goals for performance; 

(i) To improve instructional and administrative quality, to relate the 
education community to other policymakers, to achieve increased compe- 
tency among students, teachers and administrators, to provide for continu- 
ing professional development for teachers, counselors and administrators, to 
assure that the budget process, the planning function and the allocation of 
personnel of the state department of education are commensurate with its 
educational goals; 

(j) That the return on public education which is the single largest 
investment for the state be the effectiveness of the delivery system and the 
product it is designed to produce; 

(k) That the investment in public education can be justified on the basis 
of the economic benefits that will accrue both to the individual and to society, 
recognizing that the return on such investment is long term and dramatic 
progress is not immediate; 

(I) That emphasis must be placed upon early mastery of the skills 
necessary to success in school and that quality, performance-based early 
childhood education programs are an essential element of a comprehensive 
education system; 

(m) That local school districts and their public schools be required to 
account for the product of their efforts; 

(n) That the children of this state receive a period of instruction 
sufficient to train each in the basic educational skills adequate for the 
student to take his or her place in society and make a contribution as a 
citizen of this state, and that all children be encouraged to continue their 
education until they have completed high school; 

(o) To establish an accreditation system based upon measurable ele- 
ments in school known to be related to instructional effectiveness, to 
establish a credible process for measuring and rating schools, to establish a 
method for monitoring continued performance, and to provide for a state 
response when performance is inadequate; 

62 






State Board of Education § 37-1-3 

(p) That the teachers of this state, to the extent possible, receive 
salaries that are at least equal to the average of the salaries received by 
teachers in the southeastern United States. 

SOURCES: Laws, 1982, Ex Sess, ch. 17, § 2, eff from and after passage 
(approved December 21, 1982). 

Editor's Note — Laws of 1984, 1st Ex Sess, ch 10, § 8 eff from and after July 1, 1984, 
provides as follows: 

"SECTION 8. The legislature hereby reaffirms its commitment to fully and timely 
fund the provisions of the Mississippi Education Reform Act of 1982, cited as Chapter 
17, Laws of the Extraordinary Session of 1982." 

Cross References — Power of state board of education to implement policies under 
this section, see § 37-1-3. 

JUDICIAL DECISIONS 

1. In general. sissippi teachers, falling under protection 

Intent of state legislature, expressed in of Fourteenth Amendment's due process 

§ 37-l-2(p), that teachers of state, to ex- clause; accordingly, federal civil rights ac- 

tent possible, receive salaries received by tion brought by teachers to require state 

teachers in southeastern United States, officials to implement salary increase is 

does not and cannot be interpreted as barred by sovereign immunity. Mohler v. 

creating property interest vesting in Mis- Mississippi, 782 F.2d 1291 (5th Cir. 1986). 

RESEARCH REFERENCES 

Law Reviews. Development of Educa- 
tional Policy in Mississippi. 58 Miss. L. J. 
223, Fall, 1988. 

§ 37-1-3. Adoption of rules and regulations; budget; central 
management; educational improvement program; curricu- 
lum and course of study; objectives for instruction in per- 
sonal money management skills; authority to expend avail- 
able federal funds for training expenses and salary 
incentives for licensed teachers. 

(1) The State Board of Education shall adopt rules and regulations and 
set standards and policies for the organization, operation, management, 
planning, budgeting and programs of the State Department of Education. 

(a) The board is directed to identify all functions of the department that 
contribute to or comprise a part of the state system of educational account- 
ability and to establish and maintain within the department the necessary 
organizational structure, policies and procedures for effectively coordinating 
such functions. Such policies and procedures shall clearly fix and delineate 
responsibilities for various aspects of the system and for overall coordination 
of the total system and its effective management. 



63 



§ 37-1-3 Education 

(b) The board shall establish and maintain a system-wide plan of 
performance, policy and directions of public education not otherwise pro- 
vided for. 

(c) The board shall effectively use the personnel and resources of the 
department to enhance technical assistance to school districts in instruction 
and management therein. 

(d) The board shall establish and maintain a central budget policy. 

(e) The board shall establish and maintain within the State Depart- 
ment of Education a central management capacity under the direction of the 
State Superintendent of Public Education. 

(f) The board, with recommendations from the superintendent, shall 
design and maintain a five-year plan and program for educational improve- 
ment that shall set forth objectives for system performance and development 
and be the basis for budget requests and legislative initiatives. 

(2)(a) The State Board of Education shall adopt and maintain a curricu- 
lum and a course of study to be used in the public schools that is designed to 
prepare the state's children and youth to be productive, informed, creative 
citizens, workers and leaders, and it shall regulate all matters arising in the 
practical administration of the school system not otherwise provided for. 

(b) Before the 1999-2000 school year, the State Board of Education shall 
develop personal living and finances objectives that focus on money man- 
agement skills for individuals and families for appropriate, existing courses 
at the secondary level. The objectives must require the teaching of those 
skills necessary to handle personal business and finances and must include 
instruction in the following: 

(i) Opening a bank account and assessing the quality of a bank's 
services; 

(ii) Balancing a checkbook; 

(hi) Managing debt, including retail and credit card debt; 
(iv) Completing a loan application; 
(v) The implications of an inheritance; 
(vi) The basics of personal insurance policies; 
(vii) Consumer rights and responsibilities; 
(viii) Dealing with salesmen and merchants; 
(ix) Computing state and federal income taxes; 
(x) Local tax assessments; 

(xi) Computing interest rates by various mechanisms; 
(xii) Understanding simple contracts; and 
(xiii) Contesting an incorrect billing statement. 
(3) The State Board of Education shall have authority to expend any 
available federal funds, or any other funds expressly designated, to pay 
training, educational expenses, salary incentives and salary supplements to 
licensed teachers employed in local school districts or schools administered by 
the State Board of Education. Such incentive payments shall not be considered 
part of a school district's local supplement as defined in Section 37-15 l-5(o), 
nor shall the incentives be considered part of the local supplement paid to an 

64 



State Board of Education § 37-1-4 

individual teacher for the purposes of Section 37-19-7(1). MAEP funds or any 
other state funds shall not be used to provide such incentives unless specifi- 
cally authorized by law. 

(4) The State Board of Education shall through its actions seek to 
implement the policies set forth in Section 37-1-2. 

SOURCES: Codes, 1930, § 6553; Laws, 1942, § 6238; Laws, 1924, ch. 283; Laws, 
1930, ch. 278; Laws, 1982, Ex Sess, ch. 17, § 5; Laws, 1999, ch. 360, § 1; Laws, 
2005, ch. 356, § 1, eff from and after July 1, 2005. 

Amendment Notes — The 2005 amendment inserted (3); and renumbered former 
(3) as present (4). 

Cross References — Paperwork reduction and preservation of classroom instruc- 
tional time, see § 37-1-11. 

Issuance of regulations relating to the use of relocatable classrooms, see § 37-1-13. 

Duty of the state department of education to execute laws relating to administrative, 
supervisory, and consultative services to state public schools, see § 37-3-5. 

State Superintendent of public education and his duties generally, see §§ 37-3-9, 
37-3-11. 

Mississippi Uniform School Laws, see §§ 37-6-1 et seq. 

Maintenance of uniform system of free public schools, see § 37-13-1. 

Appointment of curriculum committee by the state board of education, see § 37-13-9. 

Duty of the state department of education relative to program of education for 
exceptional children, see § 37-23-5. 

Duty of the state board of education to promulgate rules and regulations relative to 
transportation of school children, see § 37-41-1. 

Assumption of authority and duties of State Textbook Procurement Commission by 
State Board of Education, see § 37-43-2. 

Designation of state board of education as governing body of Mississippi School for 
Math and Science, and the duties of the board. with respect thereto, see §§ 37-139-1 et 
seq. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 73 Law Reviews. "Train Up a Child in the 

et seq. Way He Should Go": State regulation of 

CJS. 78 C.J.S., Schools and School Dis- Private Religious Education. 9 Miss. C. L. 

tricts § 1985-88. Rev. 101 (1989). 

§ 37-1-4. Transition. 

In order to provide for an orderly transition following its appointment, the 
state board of education as it will exist on and after July 1, 1984, shall meet 
with and receive the cooperation of the state superintendent of public educa- 
tion and the state department of education on any matters relating to the 
public school education system in the state until assuming its duties and 
authority on July 1, 1984. During this transition period, said state board of 
education shall formulate and adopt rules and regulations in accordance with 
Sections 25-43-1 et seq., and formulate standards and priorities necessary for 
the orderly administration of the public education system of the state. Such 
rules, regulations, standards and priorities shall become effective on July 1, 
1984. The board shall also require data and information on program perfor- 

65 



§ 37-1-5 Education 

mance from any source relating to the public school system. The state 
department of education shall assist the board in assuming its duties and shall 
provide any technical assistance as may be required. The state department of 
education, from any funds appropriated thereto, shall, upon the request of the 
board, timely pay, with the approval of the commission of budget and 
accounting, all sums reasonably .required for the operation of the board, 
including per diem and actual expenses of the board, and the implementation 
of this act, through June 30, 1984. 

SOURCES: Laws, 1982, Ex Sess, ch. 17, § 4, eff from and after passage 
(approved December 21, 1982). 

§ 37-1-5. Decision of appeals from county superintendents 
and state superintendent. 

(1) The State Board of Education shall decide all appeals from the 
decisions of the county superintendents or from the decisions of the state 
superintendent, as authorized by statute. All matters relating to appeals shall 
be presented in writing, and the decision of the board shall be final. 

(2) The State Board of Education shall adopt procedures for conducting 
any such appeals as are authorized by statute. Such procedures shall include 
notification of the time and place of any hearing requested by the appealing 
party. Any such hearing shall be conducted by a hearing officer designated by 
the State Board of Education. At such hearing, the hearing officer and any 
person affected by the appeal may conduct reasonable questioning of persons 
who make relevant factual allegations concerning the appeal. The hearing 
officer shall require that all persons be sworn before they may offer any 
testimony at the hearing, and the hearing officer is authorized to administer 
oaths. Any person so choosing may be represented by counsel at the hearing. 
A record of the hearing shall be made, which shall consist of a transcript of all 
testimony received, all documents and other material introduced by any 
interested person, and such other material as the hearing officer considers 
relevant, including his own recommendation, which he shall make within a 
reasonable period of time after the hearing is closed and after he has had an 
opportunity to review, study and analyze the evidence presented during the 
hearing. The completed record shall be certified to the State Board of 
Education, which shall consider only the record in making its decision, and 
shall not consider any evidence or material which is not included therein. The 
State Board of Education shall make its written findings and issue its order 
after reviewing said record. 

SOURCES: Codes, 1930, § 6549; Laws, 1942, § 6234; Laws, 1924, ch. 283; Laws, 
1930, ch. 278; Laws, 1992, ch. 524, § 1, eff from and after July 1, 1992. 

RESEARCH REFERENCES 

CJS. 78 C.J.S., Schools and School Dis- 
tricts § 90-92. 

66 



State Board of Education § 37-1-11 

§ 37-1-7. Grounds and procedure for removal of county super- 
intendent. 

For continued neglect of duty, drunkenness, incompetency or official 
misconduct, the state board of education may remove a county superintendent. 
However, before the removal, the officer shall have ten days' notice of the 
charge, and shall be allowed opportunity to make defense. 

SOURCES: Codes, 1930, § 6550; Laws, 1942, § 6235; Laws, 1924, ch. 283; Laws, 
1930, ch. 278. 

Cross References — County Superintendents generally, see §§ 37-5-61 et seq. 
Filling of vacancy in office of County Superintendent, see § 37-5-75. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 64, CJS. 78 C.J.S., Schools and School Dis- 
65. tricts §§ 97, 270 et seq. 

§ 37-1-9. Administration of oaths of members of board; exam- 
ination of witnesses by board. 

The members of the state board of education are authorized to administer 
oaths and to take or cause depositions to be taken. Said members shall have 
the powers of a court to compel witnesses to attend and testify in all matters 
of investigation by the board. 

SOURCES: Codes, 1930, § 6550; Laws, 1942, § 6235; Laws, 1924, ch. 283; Laws, 
1930, ch. 278. 

§ 37-1-11. Duties of State Department and local boards as to 
preservation of classroom instructional time and paper- 
work reduction. 

(1) The school day shall be preserved for the purpose of teaching. It is the 
intent of the Legislature that every effort be made by the State Department of 
Education and the local school boards to protect the instructional time in the 
classroom and to reduce the amount of paperwork which must be completed by 
teachers. 

(2) The State Board of Education shall adopt rules that provide for 
simplifying and reducing the number and length of written reports and other 
written documents that the State Department of Education requires from 
school districts and school district employees. The board shall conduct a 
comprehensive review of its rules to simplify and to reduce the number and 
length of reports required from school districts and school district employees. 
The State Department of Education shall provide non-mandatory models to 
school districts of lesson plans, curriculum guides and other required reports 
that comply with department reporting requirements. 

67 



§ 37-1-13 Education 

(3) As part of its annual report to the Legislature, the State Board of 
Education shall include a statement of the total number and length of reports 
that it requires school districts and school district employees to prepare and of 
its efforts to reduce overall reporting requirements. The board shall identify for 
the Legislature those reports required by federal law or rule, those reports 
specifically required by state law and those reports required by department 
rule. 

(4) The State Board of Education and the school board of each school 
district shall adopt policies to limit and reduce the number and length of 
written reports that classroom teachers are required to prepare. 

SOURCES: Laws, 1987, ch. 375, eff from and after passage (approved March 19, 

1987). 

Cross References — Administration of programs of state department of education, 
see § 37-1-3. 

State Department of Education generally, see §§ 37-3-1 et seq. 

§ 37-1-13. Purchase and use of relocatable classrooms. 

(1) The State Board of Education shall issue regulations: 

(a) Setting minimum specifications for relocatable classrooms for public 
schools; 

(b) Approving or disapproving plans for relocatable classrooms for 
public schools; 

(c) Providing a system of requiring local school districts to receive State 
Department of Education approval before purchase of such relocatable 
classrooms. 

(2) The State Department of Education may, in its discretion, inspect the 
facilities of any manufacturer of relocatable classrooms for the purpose of 
determining if State Department of Education minimum specifications are 
being met. 

(3) The State Department of Education shall insure that local school 
districts advertise for and receive bids as required by state law for purchase of 
relocatable classrooms. The State Department of Education shall approve 
plans for relocatable classrooms by persons, firms, corporations or associations 
permitted to submit bids for consideration, before such bids are submitted to 
local school districts. The State Department of Education shall have the right 
to reject any and all relocatable classroom plans submitted. Bids may not be 
submitted to local school districts, unless persons, firms, corporations or 
associations have State Department of Education approval. 

SOURCES: Laws, 1990, ch. 535, § 3, eff from and after July 1, 1990. 

Cross References — State Department of Education generally, see §§ 37-3-1 et seq. 
Purchase of relocatable classrooms by local school boards, see § 37-7-301. 
Sale or lease of relocatable classrooms by one school district to another, see 
§ 37-7-471. 

68 



CHAPTER 3 
State Department of Education 

Sec. 

37-3-1. Organization of state department of education. 

37-3-2. Certification of teachers and administrators [Repealed effective June 

30, 2009]. 

37-3-3. Office and seal of department. 

37-3-4. School Executive Management Institute; basic and continuing educa- 

tion courses for school board members; exemption of certain school 
administrators [Repealed effective June 30, 2009]. 

37-3-5. General duties of department; grants of property to public and agricul- 

tural high schools; administration of department. 

37-3-7. Study of costs of insurance on school buildings and facilities. 

37-3-8. Studies and reports by department of education relating to teaching out 

of fields and mastery of subject matters. 

37-3-9. Appointment, qualifications, compensation and bond of State Superin- 

tendent of Public Education. 

37-3-11. General duties of state superintendent. 

37-3-12. Responsibility of state superintendent for planning functions of depart- 

ment. 

37-3-13. Appointment and compensation of deputy superintendents, associate 

superintendents, directors and other employees. 

37-3-15 through 37-3-23. Repealed. 

37-3-25. Appointment, compensation and duties of Director of Division of Voca- 

tional and Technical Education. 

37-3-27. Repealed. 

37-3-29. Repealed. 

37-3-31. Repealed. 

37-3-33 through 37-3-37. Repealed. 

37-3-39. Custody and disbursement of funds of department. 

37-3-41. Repealed. 

37-3-43. Repealed. 

37-3-46. Assistance to certain local school districts to establish program of 

educational accountability and assessment of performance; personnel 
appraisal and compensation system for school employees; programs to 
prevent dropouts [Repealed effective June 30, 2009]. 

37-3-47. Repealed. 

37-3-48. Repealed. 

37-3-49. Adoption by school district of instructional program and management 

system; paperwork reduction; exemption of certain districts [Repealed 
effective June 30, 2009]. 

37-3-51. Notification of Department of Education of conviction of licensed person 

of certain felonies of sex offenses. 

37-3-53. "Mississippi Report Card" on performance of students and public 

schools. 

37-3-55. Repealed. 

37-3-57. Repealed. 

37-3-59. Summer kindergarten program for Grade 1 readiness; summer devel- 

opmental program for Grades 1 through Grade 8. 

37-3-61. Alliance for Families programs; authorization; objectives. 

37-3-63. Alliance for Families program; procedure for establishment. 

37-3-65. Alliance for Families program; purpose. 

37-3-67. Alliance for Families program; components. 

69 



§ 37-3-1 Education 

37-3-69. Alliance for Families program; measurement of success. 

37-3-71. Alliance for Families program; participation by students and school 

districts; evaluation and report by State Board of Education. 

37-3-73. Rewarding of parents for involvement in school improvement; parent of 

year awards. 

37-3-75. Awards for exemplary performing public schools and school programs. 

37-3-77. State funding of programs provided for in §§ 37-3-55 through 37-3-71; 

expenditure of local funds for specified programs; implementation of 
specified programs deemed discretionary. 

37-3-79. Curriculum Coordinator of Music and Art Education. 

37-3-81. School Safety Center. 

37-3-83. School Safety Grant Program. 

37-3-84. Confiscation of illegal firearms; reward. 

37-3-85. After-school mentoring programs. 

37-3-87. Student vision screening program. 

37-3-89. School discipline and classroom management courses; requirement; 

approval. 

37-3-91. Regional behavioral institutes; discipline and classroom management 

strategies; participation. 

37-3-93. School Crisis Management Program; quick response teams; toll-free 

telephone service for reporting school violence [Repealed effective July 
1, 2010]. 

37-3-95. Junior Reserve Officer Training Corps (JROTC) statewide coordinator; 

powers and duties. 

37-3-97. State Department of Education and Board of Trustees of State Institu- 

tions of Higher Learning to jointly prepare annual report to the 
Legislature on state teacher education programs. [Repealed effective 
June 30, 2009]. 

37-3-99. Curriculum choices for students who are interested in direct entry into 

the workforce upon high school graduation; pilot program to redesign 
secondary schools to function as workforce development centers [Re- 
pealed effective July 1, 2012]. 

§ 37-3-1. Organization of state department of education. 

(1) Until July 1, 1983, there shall be a state department of education, 
which shall consist of a state superintendent of public education, an assistant 
state superintendent of public education, a director of the division of finance 
and administration, a director of the division of instruction, a director of the 
division of school building and transportation services, a director of vocational 
education, a director of the division of vocational rehabilitation, a director of 
the division of junior colleges, and such supervisors, assistants or employees as 
may be necessary for the proper functioning of the above-named divisions. 

(2) From and after July 1, 1983, and until July 1, 1984, there shall be a 
state department of education, which shall consist of a state superintendent of 
public education, a director of the division of finance and administration, a 
director of the division of instruction, a director of the division of school 
building and transportation services, a director of the division of vocational 
and technical education, who shall be an associate state superintendent of 
public education, the director of the division of vocational rehabilitation, a 
director of the division of junior colleges and such supervisors, assistants or 

70 



State Department of Education § 37-3-2 

employees as may be necessary for the proper functioning of the above-named 
divisions. 

(3) From and after July 1, 1984, there shall be a state department of 
education which shall be under the direction and supervision of the state 
superintendent of public education. The state department of education shall be 
organized into functional divisions as established by the state board of 
education, including any divisions established by law and prescribing the 
duties of the directors of such divisions. 

SOURCES: Codes, 1942, § 6245-01; Laws, 1946, ch. 297, § 1; Laws, 1970, ch. 363, 
§ 1; Laws, 1982, ch. 493, § 8; Laws, 1982, Ex Sess, ch. 17, § 6, eff from and 
after passage (approved December 21, 1982). 

Editor's Note — Laws of 1990, ch. 424, § 1, effective June 30, 1990, amended Laws, 
1982, ch. 493, § 23, so as to remove a provision providing for the repeal of Laws of 1982, 
ch. 493 effective June 30, 1990. 

Cross References — State Department of Education authorized to establish office 
of career education, see § 37-13-58. 

Composition of the state board of education, see § 37-1-1. 

Office of Compulsory Student Attendance Enforcement, see § 37-13-81 et seq. 

Department of Education to assist in the preparation of the general energy manage- 
ment plan for all state owned or state-leased building and facilities, see § 57-39-105. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 59 Vacca and Bosher, Law and Education: 
et seq. Contemporary Issues and Court Decisions 

CJS. 78 C.J.S., Schools and School Dis- (Matthew Bender), 
tricts §§ 81 et seq. R app , Education Law (Matthew 

Practice References. Mississippi Bender). 
School Laws Annotated (Michie). 

Federal Eduction Laws and Regulations 
(Michie). 

§ 37-3-2. Certification of teachers and administrators [Re- 
pealed effective June 30, 2009]. 

(1) There is established within the State Department of Education the 
Commission on Teacher and Administrator Education, Certification and Li- 
censure and Development. It shall be the purpose and duty of the commission 
to make recommendations to the State Board of Education regarding stan- 
dards for the certification and licensure and continuing professional develop- 
ment of those who teach or perform tasks of an educational nature in the public 
schools of Mississippi. 

(2) The commission shall be composed of fifteen (15) qualified members. 
The membership of the commission shall be composed of the following 
members to be appointed, three (3) from each congressional district: four (4) 
classroom teachers; three (3) school administrators; one (1) representative of 
schools of education of institutions of higher learning located within the state 
to be recommended by the Board of Trustees of State Institutions of Higher 

71 



§ 37-3-2 Education 

Learning; one (1) representative from the schools of education of independent 
institutions of higher learning to be recommended by the Board of the 
Mississippi Association of Independent Colleges; one (1) representative from 
public community and junior colleges located within the state to be recom- 
mended by the State Board for Community and Junior Colleges; one (1) local 
school board member; and four (4) lay persons. All appointments shall be made 
by the State Board of Education after consultation with the State Superinten- 
dent of Public Education. The first appointments by the State Board of 
Education shall be made as follows: five (5) members shall be appointed for a 
term of one (1) year; five (5) members shall be appointed for a term of two (2) 
years; and five (5) members shall be appointed for a term of three (3) years. 
Thereafter, all members shall be appointed for a term of four (4) years. 

(3) The State Board of Education when making appointments shall 
designate a chairman. The commission shall meet at least once every two (2) 
months or more often if needed. Members of the commission shall be compen- 
sated at a rate of per diem as authorized by Section 25-3-69 and be reimbursed 
for actual and necessary expenses as authorized by Section 25-3-41. 

(4) An appropriate staff member of the State Department of Education 
shall be designated and assigned by the State Superintendent of Public 
Education to serve as executive secretary and coordinator for the commission. 
No less than two (2) other appropriate staff members of the State Department 
of Education shall be designated and assigned by the State Superintendent of 
Public Education to serve on the staff of the commission. 

(5) It shall be the duty of the commission to: 

(a) Set standards and criteria, subject to the approval of the State 
Board of Education, for all educator preparation programs in the state; 

(b) Recommend to the State Board of Education each year approval or 
disapproval of each educator preparation program in the state; 

(c) Establish, subject to the approval of the State Board of Education, 
standards for initial teacher certification and licensure in all fields; 

(d) Establish, subject to the approval of the State Board of Education, 
standards for the renewal of teacher licenses in all fields; 

(e) Review and evaluate objective measures of teacher performance, 
such as test scores, which may form part of the licensure process, and to 
make recommendations for their use; 

(f) Review all existing requirements for certification and licensure; 

(g) Consult with groups whose work may be affected by the commis- 
sion's decisions; 

(h) Prepare reports from time to time on current practices and issues in 
the general area of teacher education and certification and licensure; 

(i) Hold hearings concerning standards for teachers' and administra- 
tors' education and certification and licensure with approval of the State 
Board of Education; 

(j) Hire expert consultants with approval of the State Board of Educa- 
tion; 

(k) Set up ad hoc committees to advise on specific areas; and 

72 



State Department of Education § 37-3-2 

(I) Perform such other functions as may fall within their general charge 
and which may be delegated to them by the State Board of Education. 

(6)(a) Standard License — Approved Program Route. — An educator 
entering the school system of Mississippi for the first time and meeting all 
requirements as established by the State Board of Education shall be 
granted a standard five-year license. Persons who possess two (2) years of 
classroom experience as an assistant teacher or who have taught for one (1) 
year in an accredited public or private school shall be allowed to fulfill 
student teaching requirements under the supervision of a qualified partici- 
pating teacher approved by an accredited college of education. The local 
school district in which the assistant teacher is employed shall compensate 
such assistant teachers at the required salary level during the period of time 
such individual is completing student teaching requirements. Applicants for 
a standard license shall submit to the department: 
(i) An application on a department form; 

(ii) An official transcript of completion of a teacher education program 
approved by the department or a nationally accredited program, subject to 
the following: Licensure to teach in Mississippi prekindergarten through 
kindergarten classrooms shall require completion of a teacher education 
program or a bachelor of science degree with child development emphasis 
from a program accredited by the American Association of Family and 
Consumer Sciences (AAFCS) or by the National Association for Education 
of Young Children (NAEYC) or by the National Council for Accreditation of 
Teacher Education (NCATE). Licensure to teach in Mississippi kindergar- 
ten, for those applicants who have completed a teacher education pro- 
gram, and in Grade 1 through Grade 4 shall require the completion of an 
interdisciplinary program of studies. Licenses for Grades 4 through 8 shall 
require the completion of an interdisciplinary program of studies with two 
(2) or more areas of concentration. Licensure to teach in Mississippi 
Grades 7 through 12 shall require a major in an academic field other than 
education, or a combination of disciplines other than education. Students 
preparing to teach a subject shall complete a major in the respective 
subject discipline. All applicants for standard licensure shall demonstrate 
that such person's college preparation in those fields was in accordance 
with the standards set forth by the National Council for Accreditation of 
Teacher Education (NCATE) or the National Association of State Directors 
of Teacher Education and Certification (NASDTEC) or, for those appli- 
cants who have a bachelor of science degree with child development 
emphasis, the American Association of Family and Consumer Sciences 
(AAFCS); 

(hi) A copy of test scores evidencing satisfactory completion of nation- 
ally administered examinations of achievement, such as the Educational 
Testing Service's teacher testing examinations; and 

(iv) Any other document required by the State Board of Education, 
(b) Standard License — Nontraditional Teaching Route. — Be- 
ginning January 1, 2004, an individual who has a passing score on the 

73 



§ 37-3-2 Education 

Praxis I Basic Skills and Praxis II Specialty Area Test in the requested area 
of endorsement may apply for the Teach Mississippi Institute (TMI) program 
to teach students in Grades 7 through 12 if the individual meets the 
requirements of this paragraph (b). The State Board of Education shall 
adopt rules requiring that teacher preparation institutions which provide 
the Teach Mississippi Institute, (TMI) program for the preparation of 
nontraditional teachers shall meet the standards and comply with the 
provisions of this paragraph. 

(i) The Teach Mississippi Institute (TMI) shall include an intensive 
eight-week, nine-semester-hour summer program or a curriculum of study 
in which the student matriculates in the fall or spring semester, which 
shall include, but not be limited to, instruction in education, effective 
teaching strategies, classroom management, state curriculum require- 
ments, planning and instruction, instructional methods and pedagogy, 
using test results to improve instruction, and a one (1) semester three- 
hour supervised internship to be completed while the teacher is employed 
as a full-time teacher intern in a local school district. The TMI shall be 
implemented on a pilot program basis, with courses to be offered at up to 
four (4) locations in the state, with one (1) TMI site to be located in each 
of the three (3) Mississippi Supreme Court districts. 

(ii) The school sponsoring the teacher intern shall enter into a written 
agreement with the institution providing the Teach Mississippi Institute 
(TMI) program, under terms and conditions as agreed upon by the 
contracting parties, providing that the school district shall provide teacher 
interns seeking a nontraditional provisional teaching license with a 
one-year classroom teaching experience. The teacher intern shall success- 
fully complete the one (1) semester three-hour intensive internship in the 
school district during the semester immediately following successful 
completion of the TMI and prior to the end of the one-year classroom 
teaching experience. 

(iii) Upon completion of the nine-semester-hour TMI or the fall or 
spring semester option, the individual shall submit his transcript to the 
commission for provisional licensure of the intern teacher, and the intern 
teacher shall be issued a provisional teaching license by the commission, 
which will allow the individual to legally serve as a teacher while the 
person completes a nontraditional teacher preparation internship pro- 
gram. 

(iv) During the semester of internship in the school district, the 
teacher preparation institution shall monitor the performance of the 
intern teacher. The school district that employs the provisional teacher 
shall supervise the provisional teacher during the teacher's intern year of 
employment under a nontraditional provisional license, and shall, in 
consultation with the teacher intern's mentor at the school district of 
employment, submit to the commission a comprehensive evaluation of the 
teacher's performance sixty (60) days prior to the expiration of the 
nontraditional provisional license. If the comprehensive evaluation estab- 

74 



State Department of Education § 37-3-2 

lishes that the provisional teacher intern's performance fails to meet the 
standards of the approved nontraditional teacher preparation internship 
program, the individual shall not be approved for a standard license. 

(v) An individual issued a provisional teaching license under this 
nontraditional route shall successfully complete, at a minimum, a one- 
year beginning teacher mentoring and induction program administered by 
the employing school district with the assistance of the State Department 
of Education. 

(vi) Upon successful completion of the TMI and the internship 
provisional license period, applicants for a Standard License — Nontra- 
ditional Route shall submit to the commission a transcript of successful 
completion of the twelve (12) semester hours required in the internship 
program, and the employing school district shall submit to the commission 
a recommendation for standard licensure of the intern. If the school 
district recommends licensure, the applicant shall be issued a Standard 
License — Nontraditional Route which shall be valid for a five-year period 
and be renewable. 

(vii) At the discretion of the teacher preparation institution, the 
individual shall be allowed to credit the twelve (12) semester hours earned 
in the nontraditional teacher internship program toward the graduate 
hours required for a Master of Arts in Teacher (MAT) Degree. 

(viii) The local school district in which the nontraditional teacher 
intern or provisional licensee is employed shall compensate such teacher 
interns at Step 1 of the required salary level during the period of time such 
individual is completing teacher internship requirements and shall com- 
pensate such Standard License — Nontraditional Route teachers at Step 
3 of the required salary level when they complete license requirements. 
Implementation of the TMI program provided for under this paragraph (b) 
shall be contingent upon the availability of funds appropriated specifically for 
such purpose by the Legislature. Such implementation of the TMI program 
may not be deemed to prohibit the State Board of Education from developing 
and implementing additional alternative route teacher licensure programs, as 
deemed appropriate by the board. The emergency certification program in 
effect prior to July 1, 2002, shall remain in effect. 

The State Department of Education shall compile and report, in consul- 
tation with the commission, information relating to nontraditional teacher 
preparation internship programs, including the number of programs available 
and geographic areas in which they are available, the number of individuals 
who apply for and possess a nontraditional conditional license, the subject 
areas in which individuals who possess nontraditional conditional licenses are 
teaching and where they are teaching, and shall submit its findings and 
recommendations to the legislative committees on education by December 1, 
2004. 

A Standard License — Approved Program Route shall be issued for a 
five-year period, and may be renewed. Recognizing teaching as a profession, a 
hiring preference shall be granted to persons holding a Standard License — 

75 



§ 37-3-2 Education 

Approved Program Route or Standard License — Nontraditional Teaching 
Route over persons holding any other license. 

(c) Special License — Expert Citizen. — In order to allow a school 
district to offer specialized or technical courses, the State Department of 
Education, in accordance with rules and regulations established by the State 
Board of Education, may grant a one-year expert citizen-teacher license to 
local business or other professional personnel to teach in a public school or 
nonpublic school accredited or approved by the state. Such person may begin 
teaching upon his employment by the local school board and licensure by the 
Mississippi Department of Education. The board shall adopt rules and 
regulations to administer the expert citizen-teacher license. A Special 
License — Expert Citizen may be renewed in accordance with the estab- 
lished rules and regulations of the State Department of Education. 

(d) Special License — Nonrenewable. — The State Board of Edu- 
cation is authorized to establish rules and regulations to allow those 
educators not meeting requirements in subsection (6)(a), (b) or (c) to be 
licensed for a period of not more than three (3) years, except by special 
approval of the State Board of Education. 

(e) Nonlicensed Teaching Personnel. — A nonlicensed person may 
teach for a maximum of three (3) periods per teaching day in a public school 
or a nonpublic school accredited/approved by the state. Such person shall 
submit to the department a transcript or record of his education and 
experience which substantiates his preparation for the subject to be taught 
and shall meet other qualifications specified by the commission and ap- 
proved by the State Board of Education. In no case shall any local school 
board hire nonlicensed personnel as authorized under this paragraph in 
excess of five percent (5%) of the total number of licensed personnel in any 
single school. 

(f) Special License — Transitional Bilingual Education. — Begin- 
ning July 1, 2003, the commission shall grant special licenses to teachers of 
transitional bilingual education who possess such qualifications as are 
prescribed in this section. Teachers of transitional bilingual education shall 
be compensated by local school boards at not less than one (1) step on the 
regular salary schedule applicable to permanent teachers licensed under 
this section. The commission shall grant special licenses to teachers of 
transitional bilingual education who present the commission with satisfac- 
tory evidence that they (i) possess a speaking and reading ability in a 
language, other than English, in which bilingual education is offered and 
communicative skills in English; (ii) are in good health and sound moral 
character; (iii) possess a bachelor's degree or an associate's degree in teacher 
education from an accredited institution of higher education; (iv) meet such 
requirements as to courses of study, semester hours therein, experience and 
training as may be required by the commission; and (v) are legally present 
in the United States and possess legal authorization for employment. A 
teacher of transitional bilingual education serving under a special license 
shall be under an exemption from standard licensure if he achieves the 

76 



State Department of Education § 37-3-2 

requisite qualifications therefor. Two (2) years of service by a teacher of 
transitional bilingual education under such an exemption shall be credited 
to the teacher in acquiring a Standard Educator License. Nothing in this 
paragraph shall be deemed to prohibit a local school board from employing 
a teacher licensed in an appropriate field as approved by the State Depart- 
ment of Education to teach in a program in transitional bilingual education, 
(g) In the event any school district meets Level 4 or 5 accreditation 
standards, the State Board of Education, in its discretion, may exempt such 
school district from any restrictions in paragraph (e) relating to the employ- 
ment of nonlicensed teaching personnel. 

(h) Highly Qualified Teachers. — Beginning July 1, 2006, any 
teacher from any state meeting the federal definition of highly qualified, as 
described in the No Child Left Behind Act, must be granted a standard 
five-year license by the State Department of Education. 

(7) Administrator License. — The State Board of Education is autho- 
rized to establish rules and regulations and to administer the licensure process 
of the school administrators in the State of Mississippi. There will be four (4) 
categories of administrator licensure with exceptions only through special 
approval of the State Board of Education. 

(a) Administrator License — Nonpracticing. — Those educators 
holding administrative endorsement but having no administrative experi- 
ence or not serving in an administrative position on January 15, 1997. 

(b) Administrator License — Entry Level. — Those educators 
holding administrative endorsement and having met the department's 
qualifications to be eligible for employment in a Mississippi school district. 
Administrator License — Entry Level shall be issued for a five-year period 
and shall be nonrenewable. 

(c) Standard Administrator License — Career Level. — An admin- 
istrator who has met all the requirements of the department for standard 
administrator licensure. 

(d) Administrator License — Nontraditional Route. — The board 
may establish a nontraditional route for licensing administrative personnel. 
Such nontraditional route for administrative licensure shall be available for 
persons holding, but not limited to, a master of business administration 
degree, a master of public administration degree, a master of public 
planning and policy degree or a doctor of jurisprudence degree from an 
accredited college or university, with five (5) years of administrative or 
supervisory experience. Successful completion of the requirements of alter- 
nate route licensure for administrators shall qualify the person for a 
standard administrator license. 

The State Department of Education shall compile and report, in consul- 
tation with the commission, information relating to nontraditional adminis- 
trator preparation internship programs, including the number of programs 
available and geographic areas in which they are available, the number of 
individuals who apply for and possess a nontraditional conditional license and 
where they are employed, and shall submit its findings and recommendations 
to the legislative committees on education by December 1, 2004. 

77 



§ 37-3-2 Education 

Beginning with the 1997-1998 school year, individuals seeking school 
administrator licensure under paragraph (b), (c) or (d) shall successfully 
complete a training program and an assessment process prescribed by the 
State Board of Education. Applicants seeking school administrator licensure 
prior to June 30, 1997, and completing all requirements for provisional or 
standard administrator certification and who have never practiced, shall be 
exempt from taking the Mississippi Assessment Battery Phase I. Applicants 
seeking school administrator licensure during the period beginning July 1, 
1997, through June 30, 1998, shall participate in the Mississippi Assessment 
Battery, and upon request of the applicant, the department shall reimburse the 
applicant for the cost of the assessment process required. After June 30, 1998, 
all applicants for school administrator licensure shall meet all requirements 
prescribed by the department under paragraph (b), (c) or (d), and the cost of the 
assessment process required shall be paid by the applicant. 

(8) Reciprocity. — (a) The department shall grant a standard license to 
any individual who possesses a valid standard license from another state. 

(b) The department shall grant a nonrenewable special license to any 
individual who possesses a credential which is less than a standard license 
or certification from another state. Such special license shall be valid for the 
current school year plus one (1) additional school year to expire on June 30 
of the second year, not to exceed a total period of twenty-four (24) months, 
during which time the applicant shall be required to complete the require- 
ments for a standard license in Mississippi. 

(9) Renewal and Reinstatement of Licenses. — The State Board of 
Education is authorized to establish rules and regulations for the renewal and 
reinstatement of educator and administrator licenses. Effective May 15, 1997, 
the valid standard license held by an educator shall be extended five (5) years 
beyond the expiration date of the license in order to afford the educator 
adequate time to fulfill new renewal requirements established pursuant to this 
subsection. An educator completing a master of education, educational special- 
ist or doctor of education degree in May 1997 for the purpose of upgrading the 
educator's license to a higher class shall be given this extension of five (5) years 
plus five (5) additional years for completion of a higher degree. 

(10) All controversies involving the issuance, revocation, suspension or 
any change whatsoever in the licensure of an educator required to hold a 
license shall be initially heard in a hearing de novo, by the commission or by 
a subcommittee established by the commission and composed of commission 
members for the purpose of holding hearings. Any complaint seeking the 
denial of issuance, revocation or suspension of a license shall be by sworn 
affidavit filed with the Commission of Teacher and Administrator Education, 
Certification and Licensure and Development. The decision thereon by the 
commission or its subcommittee shall be final, unless the aggrieved party shall 
appeal to the State Board of Education, within ten (10) days, of the decision of 
the committee or its subcommittee. An appeal to the State Board of Education 
shall be on the record previously made before the commission or its subcom- 
mittee unless otherwise provided by rules and regulations adopted by the 

78 



State Department of Education § 37-3-2 

board. The State Board of Education in its authority may reverse, or remand 
with instructions, the decision of the committee or its subcommittee. The 
decision of the State Board of Education shall be final. 

(11) The State Board of Education, acting through the commission, may 
deny an application for any teacher or administrator license for one or more of 
the following: 

(a) Lack of qualifications which are prescribed by law or regulations 
adopted by the State Board of Education; 

(b) The applicant has a physical, emotional or mental disability that 
renders the applicant unfit to perform the duties authorized by the license, 
as certified by a licensed psychologist or psychiatrist; 

(c) The applicant is actively addicted to or actively dependent on alcohol 
or other habit-forming drugs or is a habitual user of narcotics, barbiturates, 
amphetamines, hallucinogens or other drugs having similar effect, at the 
time of application for a license; 

(d) Revocation of an applicant's certificate or license by another state; 

(e) Fraud or deceit committed by the applicant in securing or attempt- 
ing to secure such certification and license; 

(f) Failing or refusing to furnish reasonable evidence of identification; 

(g) The applicant has been convicted, has pled guilty or entered a plea 
of nolo contendere to a felony, as defined by federal or state law; or 

(h) The applicant has been convicted, has pled guilty or entered a plea 
of nolo contendere to a sex offense as defined by federal or state law. 

(12) The State Board of Education, acting on the recommendation of the 
commission, may revoke or suspend any teacher or administrator license for 
specified periods of time for one or more of the following: 

(a) Breach of contract or abandonment of employment may result in the 
suspension of the license for one (1) school year as provided in Section 
37-9-57; 

(b) Obtaining a license by fraudulent means shall result in immediate 
suspension and continued suspension for one (1) year after correction is 
made; 

(c) Suspension or revocation of a certificate or license by another state 
shall result in immediate suspension or revocation and shall continue until 
records in the prior state have been cleared; 

(d) The license holder has been convicted, has pled guilty or entered a 
plea of nolo contendere to a felony, as defined by federal or state law; 

(e) The license holder has been convicted, has pled guilty or entered a 
plea of nolo contendere to a sex offense, as defined by federal or state law; or 

(f) The license holder knowingly and willfully committing any of the 
acts affecting validity of mandatory uniform test results as provided in 
Section 37-16-4(1). 

(13)(a) Dismissal or suspension of a licensed employee by a local school 
board pursuant to Section 37-9-59 may result in the suspension or revoca- 
tion of a license for a length of time which shall be determined by the 
commission and based upon the severity of the offense. 

79 



§ 37-3-2 Education 

(b) Any offense committed or attempted in any other state shall result 
in the same penalty as if committed or attempted in this state. 

(c) A person may voluntarily surrender a license. The surrender of such 
license may result in the commission recommending any of the above 
penalties without the necessity of a hearing. However, any such license 
which has voluntarily been surrendered by a licensed employee may only be 
reinstated by a majority vote of all members of the commission present at the 
meeting called for such purpose. 

(14) A person whose license has been suspended on any grounds except 
criminal grounds may petition for reinstatement of the license after one (1) 
year from the date of suspension, or after one-half (V2) of the suspended time 
has lapsed, whichever is greater. A license suspended or revoked on the 
criminal grounds may be reinstated upon petition to the commission filed after 
expiration of the sentence and parole or probationary period imposed upon 
conviction. A revoked, suspended or surrendered license may be reinstated 
upon satisfactory showing of evidence of rehabilitation. The commission shall 
require all who petition for reinstatement to furnish evidence satisfactory to 
the commission of good character, good mental, emotional and physical health 
and such other evidence as the commission may deem necessary to establish 
the petitioner's rehabilitation and fitness to perform the duties authorized by 
the license. 

(15) Reporting procedures and hearing procedures for dealing with infrac- 
tions under this section shall be promulgated by the commission, subject to the 
approval of the State Board of Education. The revocation or suspension of a 
license shall be effected at the time indicated on the notice of suspension or 
revocation. The commission shall immediately notify the superintendent of the 
school district or school board where the teacher or administrator is employed 
of any disciplinary action and also notify the teacher or administrator of such 
revocation or suspension and shall maintain records of action taken. The State 
Board of Education may reverse or remand with instructions any decision of 
the commission regarding a petition for reinstatement of a license, and any 
such decision of the State Board of Education shall be final. 

(16) An appeal from the action of the State Board of Education in denying 
an application, revoking or suspending a license or otherwise disciplining any 
person under the provisions of this section shall be filed in the Chancery Court 
of the First Judicial District of Hinds County on the record made, including a 
verbatim transcript of the testimony at the hearing. The appeal shall be filed 
within thirty (30) days after notification of the action of the board is mailed or 
served and the proceedings in chancery court shall be conducted as other 
matters coming before the court. The appeal shall be perfected upon filing 
notice of the appeal and by the prepayment of all costs, including the cost of 
preparation of the record of the proceedings by the State Board of Education, 
and the filing of a bond in the sum of Two Hundred Dollars ($200.00) 
conditioned that if the action of the board be affirmed by the chancery court, 
the applicant or license holder shall pay the costs of the appeal and the action 
of the chancery court. 

80 



State Department of Education § 37-3-2 

(17) All such programs, rules, regulations, standards and criteria recom- 
mended or authorized by the commission shall become effective upon approval 
by the State Board of Education as designated by appropriate orders entered 
upon the minutes thereof. 

(18) The granting of a license shall not be deemed a property right nor a 
guarantee of employment in any public school district. A license is a privilege 
indicating minimal eligibility for teaching in the public schools of Mississippi. 
This section shall in no way alter or abridge the authority of local school 
districts to require greater qualifications or standards of performance as a 
prerequisite of initial or continued employment in such districts. 

(19) In addition to the reasons specified in subsections (12) and (13) of this 
section, the board shall be authorized to suspend the license of any licensee for 
being out of compliance with an order for support, as defined in Section 
93-11-153. The procedure for suspension of a license for being out of compliance 
with an order for support, and the procedure for the reissuance or reinstate- 
ment of a license suspended for that purpose, and the payment of any fees for 
the reissuance or reinstatement of a license suspended for that purpose, shall 
be governed by Section 93-11-157 or 93-11-163, as the case may be. Actions 
taken by the board in suspending a license when required by Section 93-11-157 
or 93-11-163 are not actions from which an appeal may be taken under this 
section. Any appeal of a license suspension that is required by Section 
93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure 
specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the 
procedure specified in this section. If there is any conflict between any 
provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, 
the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall 
control. 

SOURCES: Laws, 1982, Ex Sess, ch. 17, § 10; Laws, 1988, ch. 464, § 1; Laws, 
1988, ch. 536, § 1; Laws, 1989, ch. 373, § 1; Laws, 1991, ch. 502, § 1; Laws, 
1991, ch. 534, § 1; Laws, 1992, ch. 519, § 2; Laws, 1992, ch. 524, § 2; Laws, 
1993, ch. 594, § 1; Laws, 1994, ch. 596, § 1; Laws, 1994, ch. 581, § 16; Laws, 
1996, ch. 507, § 9; Laws, 1996, ch. 540, § 1; Laws, 1997, ch. 545, § 1; Laws, 
2000, ch. 432, § 1; Laws, 2000, ch. 550, § 1; Laws, 2002, ch. 587, § 1; Laws, 
2004, ch. 409, § 1; Laws, 2004, ch. 478, § 1; Laws, 2006, ch. 504, § 3, eff from 
and after July 1, 2006. 

Joint Legislative Committee Note — Section 9 of ch. 507, Laws of 1996, effective 
July 1, 1996, amended this section. Section 1 of ch. 540, Laws of 1996, effective July 1, 
1996, also amended this section. As set out above, this section reflects the language of 
both amendments pursuant to Section 1-1-109 which gives the Joint Legislative 
Committee on Compilation, Revision, and Publication authority to integrate amend- 
ments so that all versions of the same code section enacted within the same legislative 
session may become effective. 

Section 1 of ch. 432, Laws of 2000, effective from and after its passage (approved April 
18, 2000), amended this section. Section 1 of ch. 550, Laws of 2000, effective from and 
after July 1, 2000, also amended this section. As set out above, this section reflects the 
language of Section 1 of ch. 550, Laws of 2000, pursuant to Section 1-3-79 which 
provides that whenever the same section of law is amended by different bills during the 

81 



§ 37-3-3 Education 

same legislative session, the amendment with the latest effective date shall supersede 
all other amendments to the same section taking effect earlier. 

Section 1 of ch. 409 Laws of 2004, effective from and after July 1, 2004 (approved 
April 26, 2004), amended this section. Section 1 of ch. 478, Laws of 2004, effective from 
and after July 1, 2004 (approved May 1, 2004), also amended this section. As set out 
above, this section reflects the language of both amendments pursuant to Section 
1-1-109 which gives the Joint Legislative Committee on Compilation, Revision and 
Publication of Legislation authority to integrate amendments so that all versions of the 
same code section enacted within the same legislative session may become effective. 
The Joint Committee on Compilation, Revision and Publication of Legislation ratified 
the integration of these amendments as consistent with the legislative intent at the 
July 8, 2004 meeting of the Committee. 

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, 
Revision and Publication of Legislation corrected a typographical error in paragraph 
(7)(a). The word "have" was changed to "having" preceding "no administrative experi- 
ence." The Joint Committee ratified the correction at its June 26, 2007 meeting. 

Editor's Note — Laws of 2006, ch. 504 § 1(1), codified at § 37-161-1(1), provides as 
follows: 

"SECTION 1.(1) This act shall be known and may be referred to as the 'Mississippi 
Education Reform Act of 2006.'" 

Laws of 2006, ch. 504, § 19 provides: 

"SECTION 19. This act shall take effect and be in force from and after July 1, 2006, 
and shall stand repealed on June 30, 2009." 

Amendment Notes — The 2006 amendment added (6)(h); and in (8), deleted "and 
has a minimum of two (2) years of full-time teaching or administrator experience" from 
the end of (a), and deleted "or who possesses a standard license from another state but 
has less than two (2) years of full-time teaching or administration experience" from the 
end of the first sentence in (b). 

Cross References — Notification of Department of Education that certificated 
person has been convicted of a felony or sex offense, see § 37-3-51. 

Effect of abandonment of employment, see § 37-9-57. 

Violations of mandatory uniform test security procedures, enforcement and penalties, 
see § 37-16-4. 

Mississippi Education Reform Act of 2006, see §§ 37-161-1 et seq. 

Federal Aspects — No Child Left Behind Act of 2001, P.L. 107-110, 115 Stat. 1425, 
see 20 USCS §§ 6301 et seq. 

ATTORNEY GENERAL OPINIONS 

A school district is not required to pay teaching requirements in another district, 
the salary of an assistant teacher while Lee, Dec. 12, 2003, A.G. Op. 03-0577. 
such individual is completing student 

§ 37-3-3. Office and seal of department. 

The office of the State Department of Education shall be in the City of 
Jackson, Mississippi. The state capitol commission shall provide suitable 
quarters therefor. 

The state superintendent of public education shall provide and keep a seal 
having around the margin thereof the words "State Department of Education" 
with the coat of arms of the state in the center. All official acts of the 
department shall be certified under said seal. 



State Department of Education § 37-3-4 

SOURCES: Codes, 1930, § 6556; Laws, 1942, §§ 6245-02, 6245-11; Laws, 1924, ch. 
283; Laws, 1930, ch. 278; Laws, 1946, ch. 297, §§ 2, 11; Laws, 1982, Ex Sess, 
ch. 17, § 9, eff from and after passage (approved December 21, 1982). 

§ 37-3-4. School Executive Management Institute; basic and 
continuing education courses for school board members; 
exemption of certain school administrators [Repealed effec- 
tive June 30, 2009]. 

(1) There is established within the State Department of Education, the 
School Executive Management Institute. The director shall be appointed by 
the State Board of Education upon recommendation by the State Superinten- 
dent of Public Education. The State Superintendent of Public Education, with 
the approval of the State Board of Education, shall assign sufficient staff 
members from the State Department of Education to the institute. 

(2) It shall be the purpose and duty of the institute to conduct thorough 
empirical studies and analyses of the school management needs of the local 
school districts throughout the state, to make recommendations to the State 
Board of Education regarding standards and programs of training that aid in 
the development of administrative and management skills of local school 
administrators, and to conduct such programs related to these purposes as 
they are implemented under guidelines established by the State Board of 
Education. 

(3) The State Board of Education shall develop and implement through 
the School Executive Management Institute a program for the development of 
administrative and management skills of local school administrators under 
which all local school administrators shall be required to participate. Subject 
to the extent of appropriations available for such purpose, the School Executive 
Management Institute or the Mississippi School Boards Association shall be 
required to offer courses at least twice a year on the uses of technology to 
principals, superintendents and other administrative personnel. These courses 
shall relate to the application of technology to learning, as well as adminis- 
trative problems. 

(4)(a) The institute shall have an advisory board composed of ten (10) 
qualified members appointed by the State Board of Education after consul- 
tation with the State Superintendent of Public Education. This advisory 
board will offer recommendations to the institute on the types of training to 
be instituted and supported. The membership of the advisory board shall be 
composed of the following members, two (2) to be appointed from each 
congressional district: three (3) school administrators; one (1) representative 
of public community/junior colleges within the state; one (1) representative 
of a school of education in an institution of higher learning within the state; 
two (2) local school board members; one (1) classroom teacher; and two (2) 
lay persons. In making the initial appointments, three (3) members shall be 
appointed for a term of one (1) year, three (3) members shall be appointed for 
a term of two (2) years, two (2) members shall be appointed for a term of 
three (3) years, and two (2) members shall be appointed for a term of four (4) 

83 



§ 37-3-4 Education 

years. Thereafter, all members shall be appointed for a term of four (4) years. 
The advisory board shall meet when called by the director, but in no event 
fewer than three (3) times per year. The members of the advisory board shall 
be compensated at the per diem rate authorized by Section 25-3-69 and 
reimbursed for actual and necessary expenses as authorized by Section 
25-3-41. 

(b) Board members of the Oxford-Lafayette Business and Industrial 
Complex shall be paid per diem and reimbursed for expenses and mileage 
from local funds in accordance with Section 37-6-13. 

(5)(a) Basic Education Course. The Mississippi School Boards Association 
shall be responsible for preparing and conducting a course of training for 
basic education for the local school board members of this state, in order for 
board members to carry out their duties more effectively and be exposed to 
new ideas involving school restructuring. The basic course shall be known as 
the "School Board Member Training Course" and shall consist of at least 
twelve (12) hours of training. The Mississippi School Boards Association 
shall issue certificates of completion to those school board members who 
complete the basic education course. 

(b) Continuing Education Course. The Mississippi School Boards Asso- 
ciation shall be responsible for preparing and conducting a course of training 
for continuing education for the local school board members of this state, in 
order for board members to carry out their duties more effectively and be 
exposed to new ideas involving school restructuring. The continuing educa- 
tion course shall be known as the "Continuing Education Course for School 
Board Members" and shall consist of at least six (6) hours of training. 
The Mississippi School Boards Association shall issue certificates of 
completion to those school board members who complete the continuing 
education course. All costs and expenses for preparing and conducting the 
basic education course and the continuing education course provided for in this 
paragraph shall be paid out of any funds which are made available to the 
Mississippi School Boards Association upon authorization and appropriation 
by the Legislature to the State Department of Education. 

(6) The Mississippi School Boards Association shall prepare and submit a 
report each year to the State Board of Education and to the respective Chairs 
of the House and Senate Education Committees describing the activities and 
providing an evaluation of the continuing education programs offered by the 
association each year. 

(7) The School Executive Management Institute of the State Department 
of Education, or the Mississippi School Boards Association with the oversight 
of the State Board of Education, at least twice a year, shall prepare and 
conduct required courses of training for continuing education for the elemen- 
tary and secondary school principals of this state, in order for principals to 
carry out their duties more effectively and be exposed to new ideas involving 
school management. The continuing education course shall be known as the 
"Continuing Education Course for Principals" and shall consist of at least six 
(6) hours of training. The content of the continuing education courses and the 

84 



State Department of Education § 37-3-4 

time and place such courses are to be conducted shall be determined by the 
School Executive Management Institute or the Mississippi School Boards 
Association; however, to the extent practicable, such training sessions shall be 
held within geographical proximity of local districts in order that travel times 
and costs shall not be prohibitive. 

The institute shall issue certificates of completion to those principals who 
complete such courses. All costs and expenses for preparing and conducting the 
basic and continuing education courses provided for in this subsection shall be 
paid out of any funds which are made available to the institute upon 
authorization and appropriation by the Legislature. 

(8) Principals and other administrators with career level certifications at 
schools meeting Level 4 or 5 accreditation standards are exempt from the 
requirements of this section, subject to approval of the local superintendent. 

SOURCES: Laws, 1982, Ex Sess, ch. 17, § 11; Laws, 1991, ch. 502, § 10; Laws, 
1992, ch. 519, § 3; Laws, 1998, ch. 564, § 1; Laws, 2002, ch. 611, § 4; Laws, 
2006, ch. 334, § 1; Laws, 2006, ch. 335, § 1; Laws, 2006, ch. 417, § 4, eff from 
and after July 1, 2006. 

Joint Legislative Committee Note — Section 1 of ch. 334, Laws of 2006, effective 
from and after July 1, 2006 (approved March 9, 2006), amended this section. Section 1 
of ch. 335, Laws of 2006, effective from and after July 1, 2006 (approved March 13, 
2006), and Section 4 of ch. 417, Laws of 2006, effective July 1, 2006 (approved March 15, 
2006), also amended this section. As set out above, this section reflects the language of 
all three amendments pursuant to Section 1-1-109 which gives the Joint Legislative 
Committee on Compilation, Revision and Publication of Legislation authority to 
integrate amendments so that all versions of the same code section enacted within the 
same legislative session may become effective. The Joint Committee on Compilation, 
Revision and Publication of Legislation ratified the integration of these amendments as 
consistent with the legislative intent at the May 31, 2006 meeting of the Committee. 

Editor's Note — Laws of 1990, Chapter 588, § 8, amended this section effective July 
1, 1990, and provided that the Legislature by concurrent resolution adopted by the 
House and Senate in session prior to July 1, 1990, declared that sufficient funds were 
dedicated and made available for the implementation of Chapter 588. However, funds 
were not made available by the Legislature prior to July 1, 1990, and by direction of the 
Office of the Attorney General of the State of Mississippi the amendatory provisions 
have not been printed in this volume. The text of the amendment can be found in the 
Advance Sheet Acts of the 1990 Legislative Session published by the Secretary of State's 
Office, Jackson, Mississippi. 

The United States Attorney General by letter dated July 9, 1991, interposed no 
objection under Section 5 of the Voting Rights Act of 1965, to the amendment of this 
section by Laws of 1991, ch. 502, § 10. 

On July 13, 1998, the United States Attorney General interposed no objection under 
Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment 
of this section by Laws of 1998, ch. 564, § 1. 

Laws of 2006, ch. 417, § 15 provides: 

"SECTION 15. This act shall take effect and be in force from and after July 1, 2006, 
and shall stand repealed on June 30, 2009." 

Amendment Notes — The first 2006 amendment (ch. 334), in (5)(a), substituted 
"The Mississippi School Boards Association shall be responsible for preparing and 
conducting" for "Subject to the extent of appropriations available for such purpose, the 
School Executive Management Institute of the State Department of Education shall 

85 



§ 37-3-5 Education 

prepare and conduct" in the first full sentence and "Mississippi School Boards 
Association" for "School Executive Management Institute" in the last sentence; inserted 
"basic education course and the" following "preparing and conducting the" in the last 
paragraph of (5). 

The second 2006 amendment (ch. 335), made the same changes as those in Laws of 
2006, ch. 334, § 1. 

The third 2006 amendment (ch. 417), rewrote (8). 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 

Principals and administrators with career level certifications at schools with Level 4 
or 5 accreditation standards exempt from the provisions of this section, subject to 
approval of the local superintendent, see § 37-17-12. 

ATTORNEY GENERAL OPINIONS 

A course conducted by the School Exec- criteria established. Thompson, Oct. 30, 

utive Management Institute of the State 1991, A.G. Op. #91-0795. 

Department of Education may not charge Appointments to this board should be 

a fee to participants; however, any indi- reviewed under the last five-district plan 

vidual, group or association approved by which was in effect. Canon, Jan. 16, 2003, 

the State Board of Education may charge A.G. Op. #03-0016. 

participants for the course of training. School board members must receive six 

Thompson, Oct. 30, 1991, A.G. Op. #91- hours of continuing education training 

0795. during the 2004-2005 school year. Chaney, 

The State Department of Education Aug. 6, 2004, A.G. Op. 04-0334. 

does not have to conduct the training if no The Mississippi School Boards Associa- 

funds are appropriated, it must establish tion has the authority to charge an 

appropriate criteria for same and the amount equal to the actual cost of training 

State Board of Education may approve a for continuing education for school board 

course of training offered by any individ- members. Chaney, Aug. 6, 2004, A.G. Op. 

ual, group or association which meets the 04-0334. 

§ 37-3-5. General duties of department; grants of property to 
public and agricultural high schools; administration of de- 
partment. 

The State Department of Education is hereby charged with the execution 
of all laws relating to the administrative, supervisory and consultative services 
to the public schools and agricultural high schools of the State of Mississippi. 
The State Department of Education is also authorized to grant property to 
public schools and agricultural high schools of the State of Mississippi. 

Subject to the direction of the State Board of Education as provided by law, 
the administration, management and control of the department is hereby 
vested in the State Superintendent of Public Education, who shall be directly 
responsible for the rightful functioning thereof. 

SOURCES: Codes, 1942, § 6245-02; Laws, 1946, ch. 297, § 2; Laws, 1986, ch. 434, 
§ 3; Laws, 1996, ch. 534, § 1, eff from and after July 1, 1996. 

Cross References — Appointment and compensation of personnel of department 
and requirement of adherence to appropriated sums, see § 37-3-13. 

Duty of the state department of education to establish an instructional program and 
management system for local school districts, see § 37-3-49. 

86 



State Department of Education § 37-3-7 

Requirement that the State Department of Education devise a form and a procedure 
for reporting the number of compulsory attendance violations and other information 
concerning public school attendance, see § 37-13-91. 

Implementation of a statewide assessment testing program, see §§ 37-16-1 et seq. 

Department's responsibility to implement a statewide system of assistant teachers, 
see § 37-21-7. 

Authority to establish county agricultural high schools, see § 37-27-1. 

Authority to establish junior colleges, see § 37-29-1. 

Administration by the state board of education of vocational rehabilitation law, see 
§ 37-33-19. 

Duties of state department of Human Services as to the vocational rehabilitation for 
the blind law, see § 37-33-59. 

Duties of the state department of education with respect to the Mississippi School for 
Math and Science, see § 37-139-7. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 73 CJS. 78 C.J.S., Schools and School Dis- 

et seq. tricts § 85-88. 

§ 37-3-7. Study of costs of insurance on school buildings and 
facilities. 

(1) It shall be the duty and obligation of the state department of 
education, in addition to all other duties and responsibilities imposed upon it 
by law, to make a continuing survey and study relative to the problem of the 
cost of insuring public school buildings and other school facilities in this state. 
Such study and survey shall have as its purpose and object the development 
and ascertainment of the amount of insurance premiums paid by the school 
districts of this state for fire, extended coverage and other hazard insurance 
upon public school buildings and other school facilities in this state, the 
amount of losses paid by insurance companies under and by virtue of such 
insurance, the ratio of losses with respect to premiums collected, and such 
other facts and information with reference to the insurance of public school 
buildings and other school facilities and the cost thereof as shall be necessary 
and desirable. 

(2) In making such study and survey, the state department of education 
shall be authorized and empowered to inspect and examine the financial 
records and accounts of the school districts of this state and of such other local, 
county and state agencies and instrumentalities as shall be deemed to be 
proper and desirable. It shall be the duty and obligation of all such school 
districts to prepare and file with the state department of education such 
reports relative to insurance premiums paid, losses sustained or incurred, and 
other pertinent information with reference to the problem of insurance on 
school buildings and other school facilities as the state department of educa- 
tion shall request. 

(3) It shall be the duty and obligation of the state insurance commissioner, 
the state department of audit, the state fire marshal, all other agencies of the 
State of Mississippi and the state rating bureau to cooperate with and assist 
the state department of education in the making of the study and survey 

87 



§ 37-3-8 Education 

herein provided for to the end that complete and accurate information shall be 
developed, and, for such purpose, it shall be the duty and obligation of all such 
agencies to furnish, upon request of the state department of education, all 
information, material, and statistics relating to such study and survey as shall 
be within the keeping and possession of such agency. 

(4) The information developed by the state department of education shall 
be a public record and shall be available for inspection by any interested party 
at all proper times, and a summary thereof shall be included in the annual 
report of the state department of education. 

SOURCES: Codes, 1942, § 6245-09.5; Laws, 1960, ch. 313, §§ 1-5; Laws, 1970, ch. 
365, § 1, eff from and after July 1, 1970. 

Editor's Note — Section 7-7-2 provides that the words "State Auditor of Public 
Accounts," "State Auditor" and "Auditor" appearing in the laws of this state in 
connection with the performance of Auditor's functions shall mean the State Fiscal 
Officer whenever they appear. Section 27-104-6 provides that wherever the term "State 
Fiscal Officer" appears in any law it shall mean "Executive Director of the Department 
of Finance and Administration." 

Cross References — General powers and duties of the state department of audit, 
see § 7-7-211. 

Authority of boards of trustees of school districts to insure school property, see 
§ 37-7-303. 

Investigation of fires by the commissioner of insurance, see § 45-11-1. 

Election and qualifications of the commissioner of insurance, see § 83-1-3. 

§ 37-3-8. Studies and reports by department of education 
relating to teaching out of fields and mastery of subject 
matters. 

The state department of education shall conduct the following studies and 
shall report its findings to the state board of education on July 1, 1984, and the 
board shall submit these reports to the next regular session of the legislature 
together with any corrective action taken and with recommendations for any 
further corrective action that might be required. The studies shall be updated 
on an annual basis to determine the effectiveness of the corrective action which 
has been taken: 

(a) Teaching out of field. A study shall be conducted to determine the 
extent to which teachers are teaching out of their fields of certification; the 
conditions that promote such a practice; and the most appropriate remedies 
to the problem. 

(b) Mastery of subject matter and learning skills. A study shall be 
conducted to determine the extent to which children master one level of 
course work before being advanced to the next level; what may be done to 
assure that progression from one level to another is properly sequenced; and 
what steps are now being taken to assure that children are progressing 
satisfactorily toward mastery of the material under study. 

88 



State Department of Education § 37-3-11 

SOURCES: Laws, 1982, Ex Sess, ch. 17, § 7, eff from and after passage 
(approved December 21, 1982). 

§ 37-3-9. Appointment, qualifications, compensation and 
bond of State Superintendent of Public Education. 

(1) From and after July 1, 1984, there shall be a State Superintendent of 
Public Education who shall be appointed by the State Board of Education, with 
the advice and consent of the Senate, and serve at the board's will and 
pleasure. He shall be the chief administrative officer for the State Department 
of Education and shall administer the department in accordance with the 
policies established by the State Board of Education. He shall receive such 
compensation in an amount equal to ninety percent (90%) of the salary of the 
Commissioner of Higher Education. The State Superintendent of Public 
Education shall have at least a master's degree in any field and a minimum of 
five (5) years' experience in administration in the educational field. 

(2) The state superintendent shall give bond in the penalty of Seventy-five 
Thousand Dollars ($75,000.00), with sureties to be approved by the Governor, 
conditioned according to law. Said bond when approved shall be filed and 
recorded in the office of the Secretary of State. 

SOURCES: Codes, 1930, § 6555; Laws, 1942, § 6245-03; Laws, 1924, ch. 283; 
Laws, 1930, ch. 278; Laws, 1946, ch. 297, § 3; Laws, 1982, Ex Sess, ch. 17, 
§ 14; Laws, 1986, ch. 432, § 2; Laws, 1999, ch. 581, § 2, eff from and after 
July 1, 1999. 

Cross References — Before whom oaths of state officers may be taken, see § 25-1-9. 
Filing of oaths of state officers, see § 25-1-11. 

Giving of guaranty or surety bonds by state officers, see § 25-1-13. 
Salary of the state superintendent of public education, see § 25-3-31. 
Power of department heads to select, appoint, and remove subordinates, see § 25-3- 
47. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 59 CJS. 78 C.J.S., Schools and School Dis- 
et seq. tricts §§ 81 et seq. 

§ 37-3-11. General duties of state superintendent. 

The State Superintendent of Public Education shall perform the duties 
assigned to him by the State Board of Education, and he shall have the 
following duties: 

(a) To serve as secretary for the State Board of Education; 

(b) To be the chief administrative officer of the State Department of 
Education; 

(c) To recommend to the State Board of Education, for its consideration, 
rules and regulations for the supervision of the public free schools and 
agricultural high schools of the state and for the efficient organization and 
conduct of the same; 

89 



§ 37-3-11 Education 

(d) To collect data and make it available to the state board for deter- 
mining the proper distribution of the state common school funds; 

(e) To keep a complete record of all official acts of the state superinten- 
dent and the acts of the State Board of Education; 

(f) To prepare, have printed and furnish all officers charged with the 
administration of the laws pertaining to the public schools, such blank forms 
and books as may be necessary to the proper discharge of their duties, which 
printing is to be paid for out of funds provided by the Legislature; 

(g) To have printed in pamphlet form the laws pertaining to the public 
schools and publish therein forms for conducting school business, the rules 
and regulations for the government of schools that the state superintendent 
or the board of education may recommend, and such other matters as may be 
deemed worthy of public interest pertaining to the public schools, which 
printing is to be paid for out of funds provided by the Legislature; 

(h) To meet all superintendents annually at such time and place as the 
state superintendent shall appoint for the purpose of accumulating facts 
relative to schools, to review the educational progress made in the various 
sections of the state, to compare views, discuss problems, hear discussions 
and suggestions relative to examinations and qualifications of teachers, 
methods of instruction, textbooks, summer schools for teachers, visitation of 
schools, consolidation of schools, health work in the schools, vocational 
education and other matters pertaining to the public school system; 

(i) To advise all superintendents upon all matters involving the welfare 
of the schools, and at the request of any superintendent, to give an opinion 
upon a written statement of facts on all questions and controversies arising 
out of the interpretation and construction of the school laws, in regard to 
rights, powers and duties of school officers and superintendents, and to keep 
a record of all such decisions. Before giving any opinion, the superintendent 
may submit the statement of facts to the Attorney General, and it shall be 
the duty of the Attorney General forthwith to examine such statement and 
suggest the proper decision to be made upon such fact; 

(j) To require annually, and as often as the state superintendent may 
deem proper, of all superintendents, detailed reports on the educational 
business of the various districts; 

(k) On or before January 10 in each year to prepare, under the direction 
of the State Board of Education, and have printed the annual report of the 
board to the Legislature showing: 

(i) The receipts and disbursements of all school funds handled by the 
board; 

(ii) Reports of expenditures for public schools, which, upon request, 
must be made available on an individual school district basis by the State 
Department of Education. The reports must show the same level of detail 
as reports completed before the 2006 fiscal year and must be divided into 
the following categories and function codes: 
1. Total Student Expenditures: 
a. Instruction (1000s); 

90 



State Department of Education § 37-3-11 

b. Other Student Instructional Expenditures (2100s, 2200s); 

2. General Administration (2300s and 2500s); 

3. School Administration (2400s); 

4. Other Expenditures (2600s, 2700s, 2800s, 3100s, 3200s); and 

5. Nonoperational Expenditures (4000s, 5000s, 6000s); 

(iii) The number of school districts, school teachers employed, school 
administrators employed, pupils taught and the attendance record of 
pupils therein; 

(iv) County and district levies for each school district and agricultural 
high school; 

(v) The condition of vocational education, a list of schools to which 

federal and state aid has been given, and a detailed statement of the 

expenditures of federal funds and the state funds that may be provided, 

and the ranking of subjects taught as compared with the state's needs; and 

(vi) Such general matters, information and recommendations as 

relate, in the board's opinion, to the educational interests of the state; 

(I) To determine the number of educable children in the several school 

districts under rules and regulations prescribed by the State Board of 

Education; and 

(m) To perform such other duties as may be prescribed by the State 
Board of Education. 

SOURCES: Codes, 1930, § 6557; Laws, 1942, §§ 6245-07, 6245-07.5; Laws, 1924, 
ch. 283; Laws, 1930, ch. 278; Laws, 1946, ch. 297, § 7; Laws, 1966, ch. 418, § 1; 
Laws, 1970, ch. 364, § 1; Laws, 1982, Ex Sess, ch. 17, § 15; Laws, 1986, ch. 
434, § 4; Laws, 2006, ch. 550, § 1, eff from and after July 1, 2006. 

Editor's Note — The preamble and § 1 of Laws of 2007, ch. 456 provide: 

"WHEREAS, autism is a complex developmental disability that typically appears 
during the first three (3) years of life and is part of a group of disorders known as Autism 
Spectrum Disorders (ASD); and 

"WHEREAS, as of the effective date of this act, at least one (1) in one hundred 
sixty-six (166) individuals in the United States is diagnosed with autism, making it 
more common than the occurrences in our population of pediatric cancer, diabetes, and 
AIDS combined; and 

"WHEREAS, autism impairs a person's ability to communicate and relate to others; 
is associated with rigid routines and repetitive behaviors, such as obsessively arranging 
objects or following very specific routines; is four (4) times more likely to strike boys 
than girls; and occurs in all racial, ethnic and social groups; and 

"WHEREAS, symptoms of the disability can range from very mild to quite severe, and 
autistic behaviors not only make life difficult for those individuals who suffer from the 
disability, but also make life hard for their families, health care providers and teachers; 
and 

"WHEREAS, families coping with this devastating illness are searching for answers 
about its causes, diagnosis, prevention and treatment, and while there is no known 
means to prevent the disability, there are indications that early intervention in an 
appropriate educational setting for at least two (2) years during the preschool years can 
result in significant improvements for many young children with the disorder; and 

"WHEREAS, the Mississippi Legislature recognizes that strategies for how to best 
identify, treat and accommodate the needs of individuals with autism and of their 
families are urgently needed in our state; NOW, THEREFORE, 

91 



§ 37-3-11 Education 

"SECTION 1. (1) The Caring for Mississippi Individuals with Autism Task Force is 
created to study and make recommendations to the Mississippi Legislature regarding 
the growing incidence of autism and Autism Spectrum Disorders (ASD), how to identify, 
treat and accommodate the needs of individuals with autism and ASD, and ways to 
improve the delivery and coordination of state services provided to individuals with 
autism and ASD. Members of the task force shall be composed of the following: 

"(a) Three (3) persons who are the parents of children with autism or ASD, with 
one (1) such person to be appointed by the Governor, one (1) to be appointed by the 
Lieutenant Governor, and one (1) to be appointed by the Speaker of the House; 

"(b) One (1) person who is a member of the governing body of a school district, to 
be appointed by the State Superintendent of Public Education; 

"(c) One (1) person who represents the State Department of Education, to be 
appointed by the State Superintendent of Public Education; 

"(d) One (1) person who is the director of special education services in a school 
district, to be appointed by the State Superintendent of Public Education; 

"(e) One (1) person who is a representative of the State Department of Mental 
Health, to be appointed by the executive director of the department; 

"(f) Three (3) persons who are representatives of the State Department of Mental 
Health who are from regions in the state that provide services to individuals with 
autism or ASD, to be appointed by the executive director of the department; 

"(g) One (1) person who is a representative of the University of Mississippi 
Medical Center and who provides medical or other services to individuals with 
autism or ASD, to be appointed by the Vice Chancellor of the University of 
Mississippi Medical Center; 

"(h) Two (2) persons who are Mississippi pediatricians engaged in the private 
practice of medicine and who provide treatment to individuals with autism or ASD, 
to be appointed by the Vice Chancellor of the University of Mississippi Medical 
Center; 

"(i) Two (2) persons who are licensed therapists appointed by the President of the 
Mississippi Speech Language and Hearing Association. 
"(2) The task force shall: 

"(a) Review the best practices of other states with regard to educational, medical 
and early intervention services provided to individuals diagnosed with autism or 
ASD and identify the best practices of other states; 

"(b) Review the standard of services provided by local Mississippi school districts 
and early intervention programs to individuals diagnosed with autism or ASD, 
identify any additional potential funding sources for school districts, and identify 
guidelines for measurable educational and instructional goals that can be used by 
members of the education community for serving children with autism or ASD; 

"(c) Assess the medical availability of services currently provided for early 
screening, diagnosis and treatment of autism and ASD and provide recommenda- 
tions for enhancing medical services; 

"(d) Identify the role of higher education in developing a workforce in Mississippi 
possessing the skills necessary to assist individuals with autism or ASD in medical, 
educational, and vocational efforts or in providing additional services associated 
with autism or ASD; 

"(e) Evaluate and identify any and all additional relevant information and make 
legislative recommendations regarding the development and implementation of a 
continuum of educational and medical services for individuals with autism or ASD; 
and 

"(f) File a report with those standing committees of the Mississippi State 
Legislature and with those state agencies having jurisdiction over specific recom- 
mendations of the task force, not later than December 1, 2007. 
"(3) The task force shall hold its first meeting not later than April 1, 2007, with the 
date, time and location of the meeting to be designated by the Governor. At that first 

92 



State Department of Education § 37-3-12 

meeting, the task force shall elect from among its membership a chairman, vice 
chairman and any other officers determined to be necessary, and shall set the date, time 
and location of its next meeting. 

"(4) The State Department of Mental Health shall provide the staff and other support 
necessary for the Caring for Mississippi Individuals with Autism Task Force to perform 
its duties." 

Amendment Notes — The 2006 amendment deleted former (1), which described the 
duties of the State Superintendent until July 1, 1984; deleted "(2) From and after July 
1, 1984" from the beginning of the first paragraph; in (k), redesignated former (1) as (i), 
added (ii), and redesignated former (2) through (5) as (hi) through (vi); and made minor 
stylistic changes. 

Cross References — Duty of the attorney general to give written opinion to state 
officers upon questions of law relating to their offices, see § 7-5-25. 

Duty of the state superintendent of public education to preside over meetings of the 
state board of education, see § 37-1-1. 

Responsibility of the state superintendent of public education for planning functions 
of the department, see § 37-3-12. 

Public educational services and equipment for exceptional children, including chil- 
dren with autism, see §§ 37-23-1 et seq. 

Duties of the state superintendent of public education in respect to driver education 
and training programs, see §§ 37-25-5, 37-25-9, 37-25-13. 

Duty of the state superintendent of public education to inspect and enforce standards 
of agricultural high schools, see §§ 37-27-17, 37-27-19. 

Duty of the state superintendent of public education to serve on the state library 
board, see § 39-1-1. 

Duty of the state superintendent of public education to serve on board overseeing 
state fire fighters school, see § 45-11-7. 

Duty of the state superintendent of public education to consult with the secretary of 
state in respect to rules and regulations covering correspondence courses, see § 75- 
59-7. 

RESEARCH REFERENCES 

ALR. Regulations as to fraternities and Validity of regulation by public school 

similar associations connected with edu- authorities as to clothes or personal ap- 

cational institution. 10 A.L.R.3d 389. pearance of pupils. 14 A.L.R.3d 1201. 

Marriage or pregnancy of public school Am Jur. 68 Am. Jur. 2d, Schools §§ 73 

student as ground for expulsion or exclu- et seq. 

sion, or of restriction of activities. 11 CJS. 78 C.J.S., Schools and School Dis- 

A.L.R.3d 996. tricts §§ 85-88. 

§ 37-3-12. Responsibility of state superintendent for planning 
functions of department. 

The state superintendent of public education shall be responsible for all 
planning functions for the department, including collection, analysis and 
interpretation of all data, information, test results, evaluations and other 
indicators that are used to formulate policy, identify areas of concern and need 
and to serve as a basis for short-range and long-range planning. Such planning 
shall include assembling data, conducting appropriate studies and surveys and 
sponsoring research and development activities designed to provide informa- 
tion about educational needs and the effect of alternative educational prac- 
tices. 

93 



§ 37-3-13 Education 

SOURCES: Laws, 1982, Ex Sess, ch. 17, § 16, eff from and after passage 
(approved December 21, 1982). 

Cross References — General duties of State Superintendent, see § 37-3-11. 

§ 37-3-13. Appointment and compensation of deputy superin- 
tendents, associate superintendents, directors and other 
employees. 

(1) Until July 1, 1984, the Assistant State Superintendent of Public 
Education, the directors, supervisors, clerical assistants, and employees shall 
be selected by, and hold office subject to the will of, the State Superintendent, 
except as provided in Section 37-3-17. The Assistant State Superintendent 
may be authorized to act in the absence or disability of the State Superinten- 
dent and shall perform such other duties as may be assigned to him by the 
State Superintendent. The State Superintendent shall have the power to 
assign to any division such clerical help as he may deem necessary and to 
discharge such clerical help among the divisions at any time necessity 
requires, except as provided in Section 37-3-17. 

(2) From and after July 1, 1984, the deputy superintendents, associate 
superintendents and directors shall be selected by and hold office subject to the 
will of the State Superintendent of Public Education subject to the approval of 
the State Board of Education. All other personnel shall be competitively 
appointed by the State Superintendent and shall be dismissed only for cause in 
accordance with the rules and regulations of the State Personnel Board. The 
State Board of Education shall set the salary of the deputy superintendents, 
associate superintendents and divisional directors, and the members of the 
teaching staffs and employees of the Mississippi School of the Arts. The State 
Superintendent, subject to the approval of the State Personnel Board, shall fix 
the amount of compensation of all other employees of the State Department of 
Education. All salaries, compensation or expenses of any of the personnel of the 
department shall be paid upon the requisition of the State Superintendent of 
Public Education and warrant issued thereunder by the State Auditor out of 
funds appropriated by the Legislature in a lump sum upon the basis of 
budgetary requirements submitted by the Superintendent of Education or out 
of funds otherwise made available. The entire expense of administering the 
department shall never exceed the amount appropriated therefor, plus funds 
received from other sources other than state appropriations. For a violation of 
this provision, the superintendent shall be liable, and he and the sureties on 
his bond shall be required to restore any such excess. 

SOURCES: Codes, 1942, § 6245-04; Laws, 1946, ch. 297, § 4; Laws, 1982, Ex Sess, 
ch. 17, § 17; Laws, 1983, ch. 536, § 5; Laws, 1999, ch. 591, § 9, eff from and 
after July 1, 1999. 

Editor's Note — Section 7-7-2 provides that the words "State Auditor of Public 
Accounts," "State Auditor" and "Auditor" appearing in the laws of this state in 

94 



State Department of Education § 37-3-25 

connection with the performance of Auditor's functions shall mean the State Fiscal 
Officer whenever they appear. 

Section 27-104-6 provides that wherever the term "State Fiscal Officer" appears in 
any law it shall mean "Executive Director of the Department of Finance and Adminis- 
tration". 

Section 37-3-17, referred to in subsection (1), was repealed by Laws of 1982 
Extraordinary Session, Chapter 17, § 43, effective from and after July 1, 1984. For 
present similar provisions, see § 37-3-25. 

Cross References — Executive Director of the Department of Finance and Admin- 
istration generally, see §§ 7-7-1 et seq. 

Power of department heads to select, appoint, and remove subordinates, see § 25-3- 
47. 

State personnel board generally, see §§ 25-9-109 et seq. 

State Board of Education generally, see §§ 37-1-1 et seq. 

Mississippi School of the Arts generally, see §§ 37-140-1 et seq. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 59 CJS. 78 C.J.S., Schools and School Dis- 

et seq. tricts §§ 81 et seq. 

§§ 37-3-15 through 37-3-23. Repealed. 

Repealed by 1982, Ex Sess, ch. 17, § 43, eff from and after July 1, 1984. 

§ 37-3-15. [Codes, 1942, § 6245-05; Laws, 1946, ch. 297, § 5] 

§ 37-3-17. [Codes, 1942, § 6245-06; Laws, 1946, ch. 297, § 6; 1970, ch. 
363, § 2; 1982, ch. 493, § 9] 

§ 37-3-19. [Codes, 1942, § 6245-08; Laws, 1946, ch. 297, § 8; 1948, ch. 
294, § 1; 1964, ch. 383; 1968, ch. 388, § 4; 1970, ch. 363, § 3] 

§ 37-3-21. [Codes, 1942, § 6245-08; Laws, 1946, ch. 297, § 8; 1948, ch. 
294, § 1; 1964, ch. 383; 1968, ch. 388, § 4; 1970, ch. 363, § 3] 

§ 37-3-23. [Codes, 1942, § 6245-08; Laws, 1946, ch. 297, § 8; 1948, ch. 
294, § 1; 1964, ch. 383; 1968, ch. 388, § 4; 1970, ch. 363, § 3] 

Editor's Note — Former § 37-3-15 provided for salaries and expenses of the state 
superintendent, assistant state superintendent, division directors, supervisors, and 
employees of state department of education. For present similar provisions, see 
§§ 37-3-9, 37-3-13. 

Former § 37-3-17 provided for appointment and compensation of directors and 
employees of divisions of vocational education and rehabilitation. For present similar 
provisions, see § 37-3-25. 

Former § 37-3-19 provided for duties of director of division of administration and 
finance. 

Former § 37-3-21 provided for duties of director of division of instruction. 

Former § 37-3-23 provided for duties of the director of division of school building and 
transportation services. 

§ 37-3-25. Appointment, compensation and duties of Director 
of Division of Vocational and Technical Education. 

(1) The Director of the Division of Vocational and Technical Education of 
the State Department of Education who shall be an associate state superin- 

95 



§ 37-3-25 Education 

tendent of education shall be appointed by the State Superintendent of Public 
Education. The director's salary shall be set by the State Board of Education 
subject to the approval of the State Personnel Board. His salary, compensation, 
travel expenses or other expenses shall be provided for out of any funds made 
available for such purpose by the Legislature, the federal government, or other 
gifts or grants. The director shall be responsible to the State Superintendent of 
Public Education for the proper administration of the programs of vocational 
and technical education in conformity with the policies adopted by the State 
Board of Education and shall be responsible for appointing any necessary 
supervisors, assistants, and employees to assist in carrying out the programs 
of vocational and technical education. The director shall have the authority to 
employ, compensate, terminate, promote, demote, transfer or reprimand 
employees of the division. The salary and compensation of such employees 
shall be subject to the rules and regulations adopted and promulgated by the 
State Personnel Board as created under Section 25-9-101 et seq. 

(2) The Director of the Division of Vocational and Technical Education, 
subject to the approval of the State Board of Education, shall have charge of 
and be responsible for vocational and technical education training in: 

(a) Agriculture; 

(b) Occupational and consumer home economics; 

(c) Consumer and homemaking education; 

(d) Trades and industry; 

(e) Distributive education; 

(f) Secondary adult education; 

(g) Teacher training and supervision; 
(h) Business and office; 

(i) Health; 

(j) Industrial arts; 

(k) Guidance services; 

(I) Technical education; 

(m) Cooperative education; and 

(n) All other specialized training not requiring a bachelors degree, with 
the exception of programs of nursing education regulated under the provi- 
sions of Section 37-129-1. 

SOURCES: Codes, 1942, § 6245-08; Laws, 1946, ch. 297, § 8; Laws, 1948, ch. 294, 
§ 1; Laws, 1964, ch. 383; Laws, 1968, ch. 388, § 4; Laws, 1970, ch. 363, § 3; 
Laws, 1982, ch. 493, § 6; Laws, 1992, ch. 482, § 1; Laws, 1999, ch. 572, § 2, eff 
from and after July 1, 1999. 

Editor's Note — Laws of 1990, ch. 424, § 1, effective June 30, 1990, amended Laws 
of 1982, ch. 493, § 23, so as to remove a provision providing for the repeal of 1982, ch. 
493 effective June 30, 1990. 

Cross References — Contracts and cooperation between the division of vocational 
technical education of the state department of education and the division of job 
development and training of the office of the governor, see § 7-1-363. 

State personnel board generally, see §§ 25-9-109 et seq. 

State Board of Education generally, see §§ 37-1-1 et seq. 

General duties of state superintendent, see § 37-3-11. 

96 



State Department of Education § 37-3-37 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 73 CJS. 78 C.J.S., Schools and School Dis- 

et seq. tricts §§ 85-88. 

§ 37-3-27. Repealed. 

Repealed by Laws, 1982, Ex Sess, ch. 17, § 43, eff from and after July 1, 
1984. 

[Codes, 1942, § 6245-08; Laws, 1946, ch. 297, § 8; 1948, ch. 294, § 1; 
1964, ch. 383; 1968, ch. 388, § 4; 1970, ch. 363, § 3] 

Editor's Note — Former § 37-3-27 provided for duties of the director of division of 
vocational rehabilitation. For present similar provisions, see § 37-3-25. 

§ 37-3-29. Repealed. 

Repealed by Laws, 1986, ch. 434, § 17, eff from and after July 1, 1986 
(became law on April 4, 1986, without Governor's signature). 

[Codes, 1942, § 6245-08; Laws, 1946, ch. 297, § 8; 1948, ch. 294, § 1; 
1964, ch. 383; 1968, ch. 388, § 4; 1970, ch. 363, § 3] 

Editor's Note — Former § 37-3-29 provided for duties of the director of division of 
junior colleges. 

§ 37-3-31. Repealed. 

Repealed by Laws, 1982, Ex Sess, ch. 17, § 43, eff from and after July 1, 
1984. 

[Codes, 1942, § 6245-09; Laws, 1946, ch. 297, § 9] 

Editor's Note — Former § 37-3-31 assigned additional services to existing divisions 
and fixed responsibility for proper administration of department of education in the 
superintendent of public education. 

§§ 37-3-33 through 37-3-37. Repealed. 

Repealed by Laws, 1986, ch. 434, § 17, eff from and after July 1, 1986 
(became law on April 4, 1986, without Governor's signature). 

§ 37-3-33. [Codes, 1942, § 6248-131; Laws, 1968, ch. 388, § 1] 
§ 37-3-35. [Codes, 1942, § 6248-132; Laws, 1968, ch. 388, § 2] 
§ 37-3-37. [Codes, 1942, § 6248-133; Laws, 1968, ch. 388, § 3; 1984, ch. 
488, § 198] 

Editor's Note — Former § 37-3-33 provided for general functions of the division of 
junior colleges, qualifications of director, and selection of personnel. 

Former § 37-3-35 provided for principal functions of the division of junior colleges. 

Former § 37-3-37 provided for specific responsibilities of the director of division of 
junior colleges. 

97 



§ 37-3-39 Education 

§ 37-3-39. Custody and disbursement of funds of department. 

The state treasurer is hereby designated and appointed custodian of all 
funds made available to the state department of education other than such 
funds as may be appropriated by the legislature, and he is hereby authorized 
to receive and to provide for the proper custody of the same. All such funds 
shall be disbursed by the treasurer on warrants drawn therefor by the state 
auditor on requisitions of the state superintendent of public education. 

SOURCES: Codes, 1942, § 6245-10; Laws, 1946, ch. 297, § 10. 

Editor's Note — Section 7-7-2 provides that the words "State Auditor of Public 
Accounts," "State Auditor" and "Auditor" appearing in the laws of this state in 
connection with the performance of Auditor's functions shall mean the State Fiscal 
Officer whenever they appear. 

Section 27-104-6 provides that wherever the term "State Fiscal Officer" appears in 
any law it shall mean "Executive Director of the Department of Finance and Adminis- 
tration". 

Cross References — Designation of state treasurer as sole agent to receive and 
disburse certain funds to be expended under the direction of state officials or agencies 
for benefit of state, see § 7-9-23. 

General duties of state superintendent of education, see § 37-3-11. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 99 CJS. 78 C.J.S., Schools and School Dis- 
et seq. tricts §§ 9 et seq. 

§ 37-3-41. Repealed. 

Repealed by Laws, 1983, ch. 469, § 10, efffrom and after July 1, 1983. 
[Codes, 1930, § 6558; 1942, § 6245-12; Laws, 1924, ch. 283; 1930, ch. 278; 
1946, ch. 297, § 12] 

Editor's Note — Former § 37-3-41 prohibited interests of officers and members of 
department in any outside author, publisher, bookseller, or seller of school apparatus or 
furniture. 

§ 37-3-43. Repealed. 

Repealed by Laws, 1986, ch. 500, § 55, efffrom and after July 1, 1986. 
[Laws, 1975, ch. 310, § lj 

Editor's Note — Former § 37-3-43 set forth the legislature's declaration of purpose 
with respect to a state program of educational accountability and assessment of 
performance. For present similar provisions, see § 37-3-46. 



98 



State Department of Education § 37-3-46 

§ 37-3-46. Assistance to certain local school districts to estab- 
lish program of educational accountability and assessment 
of performance; personnel appraisal and compensation sys- 
tem for school employees; programs to prevent dropouts 
[Repealed effective June 30, 2009]. 

The State Department of Education, in regard to any district not meeting 
Level 4 or 5 accreditation standards, as denned by the State Board of 
Education, shall: 

(a) Provide to local school districts financial, training and other assis- 
tance to implement and maintain a state program of educational account- 
ability and assessment of performance. 

(b) Provide to local school districts technical assistance and training in 
the development, implementation and administration of a personnel ap- 
praisal and compensation system for all school employees. 

(c) Provide to local school districts technical assistance in the develop- 
ment, implementation and administration of programs designed to keep 
children in school voluntarily and to prevent dropouts. 

SOURCES: Laws, 1982, Ex Sess, ch. 17, § 8; Laws, 2006, ch. 417, § 5, eff from and 
after July 1, 2006. 

Editor's Note — Laws of 1990, Chapter 588, § 19, amended this section effective 
July 1, 1990, provided that the Legislature by concurrent resolution adopted by the 
House and Senate in session prior to July 1, 1990, declared that sufficient funds were 
dedicated and made available for the implementation of Chapter 588. However, funds, 
were not made available by the Legislature prior to July 1, 1990, and by direction of the 
Office of the Attorney General of the State of Mississippi, the amendatory provisions 
have not implemented. The text of the amendment can be found in the Advance Sheet 
Acts of the 1990 Legislative Session published by the Secretary of State's Office, 
Jackson, Mississippi. 

Laws of 200fy ch. 417, § 15 provides: 

"SECTION 15. This act shall take effect and be in force from and after July 1, 2006, 
and shall stand repealed on June 30, 2009." 

Amendment Notes — The 2006 amendment rewrote the introductory paragraph; 
and deleted the former last sentence in (b), which read: "The state board of education 
shall report to the legislature on January 5, 1986, with recommendations based upon 
the personnel appraisal and compensation system developed under this subsection." 

Cross References — State department of education providing an instructional 
program and management system to local school districts as part of the state program 
of educational accountability and assessment of performance as prescribed in this 
section, see § 37-3-49. 

Exemption from the provisions of this section for school districts meeting Level 4 or 
5 accreditation standards, see § 37-17-12. 

RESEARCH REFERENCES 

Law Reviews. The Legal Status of 
Functional Literacy Examinations. 58 
Miss. L. J. 305, Fall 1988. 

99 



§ 37-3-47 Education 

§ 37-3-47. Repealed. 

Repealed by Laws, 1986, ch. 500, § 55, eff from and after July 1, 1986. 
[Laws, 1975, ch. 310, § 3] 

Editor's Note — Former § 37-3-47 set forth the duties of school boards with respect 
to a state program of educational accountability and assessment of performance. 

§ 37-3-48. Repealed. 

Repealed by Laws, 1989, ch. 585, § 4, eff April 25, 1989 (became law 
without the Governor's signature). 
[Laws, 1986, ch. 500, § 54] 

Editor's Note — Former § 37-3-48 provided guidelines and procedures for manag- 
ing an instructional program in the public schools. 

§ 37-3-49. Adoption by school district of instructional pro- 
gram and management system; paperwork reduction; ex- 
emption of certain districts [Repealed effective June 30, 
2009]. 

(1) The State Department of Education shall provide an instructional 
program and establish guidelines and procedures for managing such program 
in the public schools as part of the State Program of Educational Accountabil- 
ity and Assessment of Performance as prescribed in Section 37-3-46. Public 
school districts may (a) elect to adopt the instructional program and manage- 
ment system provided by the State Department of Education, or (b) elect to 
adopt an instructional program and management system which meets or 
exceeds criteria established by the State Department of Education for such. 
This provision shall begin with the courses taught in Grades K-8 which contain 
skills tested through the Mississippi Basic Skills Assessment Program and 
shall proceed through all secondary school courses mandated for graduation 
and all secondary school courses in the Mississippi end-of-course testing 
program. Other state core objectives must be included in the district's 
instructional program as they are provided by the State Department of 
Education along with instructional practices, resources, evaluation items and 
management procedures. Districts are encouraged to adapt this program and 
accompanying procedures to all other instructional areas. The department 
shall provide that such program and guidelines, or a program and guidelines 
developed by a local school district which incorporates the core objectives from 
the curriculum structure are enforced through the performance-based accred- 
itation system. It is the intent of the Legislature that every effort be made to 
protect the instructional time in the classroom and reduce the amount of 
paperwork which must be completed by teachers. The State Department of 
Education shall take steps to insure that school districts properly use staff 
development time to work on the districts' instructional management plans. 

100 



State Department of Education § 37-3-49 

(2) The State Department of Education shall provide such instructional 
program and management guidelines which shall require for every public 
school district that: 

(a) All courses taught in Grades K-8 which contain skills which are 
tested through the Mississippi Basic Skills Assessment Program, all second- 
ary school courses mandated for graduation, and all courses in the end-of- 
course testing program shall include the State Department of Education's 
written list of learning objectives. 

(b) The local school board must adopt the objectives that will form the 
core curriculum which will be systematically delivered throughout the 
district. 

(c) The set of objectives provided by the State Department of Education 
must be accompanied by suggested instructional practices and resources 
that would help teachers organize instruction so as to promote student 
learning of the objectives. Objectives added by the school district must also 
be accompanied by suggested instructional practices and resources that 
would help teachers organize instruction. The instructional practices and 
resources that are identified are to be used as suggestions and not as 
requirements that teachers must follow. The goal of the program is to have 
students to achieve the desired objective and not to limit teachers in the way 
they teach. 

(d) Standards for student performance must be established for each 
core objective in the local program and those standards establish the 
district's definition of mastery for each objective. 

(e) There shall be an annual review of student performance in the 
instructional program against locally established standards. When weak- 
nesses exist in the local instructional program, the district shall take action 
to improve student performance. 

(3) The State Board of Education and the board of trustees of each school 
district shall adopt policies to limit and reduce the number and length of 
written reports that classroom teachers are required to prepare. 

(4) This section shall not be construed to limit teachers from using their 
own professional skills to help students master instructional objectives, nor 
shall it be construed as a call for more detailed or complex lesson plans or any 
increase in testing at the local school district level. 

(5) Districts meeting Level 4 or 5 accreditation standards, as defined by 
the State Board of Education, shall be exempted from the provisions of 
subsection (2) of this section. 

SOURCES: Laws, 1988, ch. 487, § 14; Laws, 1991, ch. 423, § 1; Laws, 1992, ch. 
519, § 4; Laws, 2006, ch. 417, § 6, eff from and after July 1, 2006. 

Editor's Note — Laws of 2006, ch. 417, § 15 provides: 

"SECTION 15. This act shall take effect and be in force from and after July 1, 2006, 
and shall stand repealed on June 30, 2009." 
Amendment Notes — The 2006 amendment rewrote (5). 
Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 

101 



§ 37-3-51 Education 

State Department of Education authorized to establish office of career education, see 
§ 37-13-58. 

Exemption from the provisions of subsection (2) of this section for school districts 
meeting Level 4 or 5 accreditation standards, see § 37-17-12. 

§ 37-3-51. Notification of Department of Education of convic- 
tion of licensed person of certain felonies of sex offenses. 

(1) Upon the conviction of any licensed personnel as defined in Section 
37-19-7, employed by a public or private elementary or secondary school, of any 
felony, or of a sex offense as defined in subsection (2) of this section, the district 
attorney or other prosecuting attorney shall identify those defendants for the 
circuit clerk. Each circuit clerk shall provide the State Department of Educa- 
tion with notice of the conviction of any such personnel of a felony or a sex 
offense. 

(2) "Sex offense" shall mean any of the following offenses: 

(a) Section 97-3-65, Mississippi Code of 1972, relating to the carnal 
knowledge of a child under fourteen (14) years of age; 

(b) Section 97-3-95, Mississippi Code of 1972, relating to sexual battery; 

(c) Section 97-5-21, Mississippi Code of 1972, relating to seduction of a 
child under age eighteen (18); 

(d) Section 97-5-23, Mississippi Code of 1972, relating to the touching of 
a child for lustful purposes; 

(e) Section 97-5-27, Mississippi Code of 1972, relating to the dissemi- 
nation of sexually oriented material to children; 

(f) Section 97-5-33, Mississippi Code of 1972, relating to the exploita- 
tion of children; 

(g) Section 97-5-41, Mississippi Code of 1972, relating to the carnal 
knowledge of a stepchild, adopted child, or child of a cohabitating partner; 

(h) Section 97-29-59, Mississippi Code of 1972, relating to unnatural 
intercourse; or 

(i) Any other offense committed in another jurisdiction which, if com- 
mitted in this state, would be deemed to be such a crime without regard to 
its designation elsewhere. 

(3) In addition, the State Department of Education is considered to be the 
employer of such personnel for purposes of requesting a criminal record 
background checks. 

SOURCES: Laws, 1991, ch. 448, § 1; Laws, 2000, ch. 499, § 24, eff from and after 
July 1, 2000. 

Editor's Note — Section 97-5-21 referred to in (2)(c) was repealed by Laws of 1998, 
ch. 549, § 7, eff from and after July 1, 1998. See now §§ 97-3-65, 97-3-95, 97-5-23, and 
97-3-101. 

Cross References — Mississippi Sex Offenders Registration Law, see §§ 45-33-21 
et seq. 



102 



State Department of Education § 37-3-55 

§ 37-3-53. "Mississippi Report Card" on performance of stu- 
dents and public schools. 

Each school year, the State Board of Education, acting through the Office 
of Educational Accountability, shall develop a public school reporting system, 
or "Mississippi Report Card," on the performance of students and schools at the 
local, district and state level. In developing the report card, the Office of 
Educational Accountability shall collect school, district and state level student 
achievement data in the appropriate grades as designated by the State Board 
of Education in all core subjects, and compare the data with national standards 
to identify students' strengths and weaknesses. The Mississippi Report Card 
shall provide more than reports to parents on the level at which their children 
are performing; the report shall provide clear and comparable public informa- 
tion on the level at which schools, school districts and the state public 
education system are performing. The Office of Educational Accountability 
shall encourage local school districts and the general public to use Mississippi 
Report Card information along with local individual student data to assess the 
quality of instructional programs and the performance of schools and to plan 
and implement programs of instructional improvement. 

Beginning with the 1998-1999 school year, the Mississippi Report Card 
shall include information, as compiled by the Office of Compulsory School 
Attendance Enforcement, which demonstrates clearly the absenteeism and 
dropout rates in each school district and the state and whether those rates 
reflect a positive or negative change from the same information as reported in 
the previous year's Mississippi Report Card. 

SOURCES: Laws, 1992, ch. 419, § 14; Laws, 1994, ch. 581, § 9; Laws, 1998, ch. 
566, § 8, eff from and after July 1, 1998. 

Editor's Note — Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. 
The veto was overridden by the State Senate and House of Representatives on May 4, 
1992. 

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows: 

"SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, 
appeal, suit, right or cause of action for taxes due or accrued under the income, sales 
and use tax laws before the date on which this act becomes effective, whether such 
claims, assessments, appeals, suits or actions have been begun before the date on which 
this act becomes effective or are begun thereafter; and the provisions of the income, 
sales and use tax laws are expressly continued in full force, effect and operation for the 
purpose of the assessment, collection and enrollment of liens for any taxes due or 
accrued and the execution of any warrant under such laws before the date on which this 
act becomes effective, and for the imposition of any penalties, forfeitures or claims for 
failure to comply with such laws." 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 

Establishment of Office of Educational Accountability, see § 37-151-9. 

§ 37-3-55. Repealed. 

Repealed by its own terms by Laws, 1992, ch. 419, § 16, eff from and after 
July 1, 1997. 

103 



§ 37-3-57 Education 

[Laws, 1992, ch. 419, § 16, eff from and after July 1, 1992, and shall stand 
repealed from and after July 1, 1997] 

Editor's Note — Former § 37-3-55 related to a student advancement pilot program 
for requiring uniform school terms for Grades 1 through 8. 

§ 37-3-57. Repealed. 

Repealed by its own terms by Laws, 1994, ch. 381, § 1, eff from and after 
July 1, 1996. 

[Laws, 1992, ch. 419, § 17; Laws, 1994, ch. 381, § 1, eff from and after 
July 1, 1996] 

Editor's Note — Former § 37-3-57 related to pilot program for removing grade level 
designations for Grades 1 through 3. 

§ 37-3-59. Summer kindergarten program for Grade 1 readi- 
ness; summer developmental program for Grades 1 through 
Grade 8. 

(1) The school boards of all school districts are authorized to establish, 
maintain and operate, in connection with the kindergarten program of said 
district, a summer kindergarten program for Grade 1 readiness for those 
pupils making unsatisfactory progress during the regular kindergarten ses- 
sion. Said summer kindergarten program may be held within such school 
district or may be operated by two (2) or more adjacent school districts, or may 
be operated by a community/junior college or by a public or private university 
or college, pursuant to a contract approved by the State Board of Education. 
Transportation for students attending the summer kindergarten program 
shall be the responsibility of the local school district. The expense of establish- 
ing, maintaining and operating such summer kindergarten program may be 
paid from funds contributed or otherwise made available to the school district 
for such purpose from state appropriation, or otherwise, or from local district 
maintenance funds. 

(2) The school boards of all school districts are authorized to establish, 
maintain and operate a summer developmental program for those students 
making unsatisfactory progress in Grades 1, 2, 3, 4, 5 or 6, during the first two 
(2) semesters. Such summer programs shall be open to those students who are 
not required to attend summer classes, but have had difficulty in the first two 
(2) trimesters, and shall be open to those students who desire enrichment. Said 
summer developmental programs may be held within such school district or 
may be operated by two (2) or more adjacent school districts, or may be 
operated by a community/junior college or by a public or private university or 
college, pursuant to a contract approved by the State Board of Education. 
Transportation for students required to attend the summer program for 
Grades 1-6 shall be the responsibility of the local school district(s). The expense 
of establishing, maintaining and operating such summer program may be paid 
from funds contributed or made available to the school district for such 

104 



State Department of Education § 37-3-61 

purpose from state appropriation, or otherwise, or from local district mainte- 
nance funds. 

(3) The school boards of all school districts are authorized to establish, 
maintain and operate a summer developmental program for those students 
making unsatisfactory progress in core curriculum courses in Grades 7 and 8, 
during the preceding school year. Said summer developmental programs may 
be held within such school district or may be operated by two (2) or more 
adjacent school districts, or may be operated by a community/junior college or 
by a public or private university or college, pursuant to a contract approved by 
the State Board of Education. Transportation for students required to attend 
the summer program for Grades 7 and 8 shall be the responsibility of the local 
school district. The expense of establishing, maintaining and operating such 
summer program may be paid from funds contributed or made available to the 
school district for such purpose from state appropriation, or otherwise, or from 
local district maintenance funds. 

SOURCES: Laws, 1992, ch. 419, § 18, eff from and after July 1, 1992. 

Editor's Note — Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. 
The veto was overridden by the State Senate and House of Representatives on May 4, 
1992. 

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows: 

"SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, 
appeal, suit, right or cause of action for taxes due or accrued under the income, sales 
and use tax laws before the date on which this act becomes effective, whether such 
claims, assessments, appeals, suits or actions have been begun before the date on which 
this act becomes effective or are begun thereafter; and the provisions of the income, 
sales and use tax laws are expressly continued in full force, effect and operation for the 
purpose of the assessment, collection and enrollment of liens for any taxes due or 
accrued and the execution of any warrant under such laws before the date on which this 
act becomes effective, and for the imposition of any penalties, forfeitures or claims for 
failure to comply with such laws." 

Cross References — Program specified in this section to be funded by state; local 
funding of program not exempt from tax increase limitations; and program not 
mandatory, see § 37-3-77. 

§ 37-3-61. Alliance for Families programs; authorization; ob- 
jectives. 

The State Board of Education may provide for the establishment of an 
Alliance for Families program for the purpose of mobilizing public and 
parental support for education and to strengthen communication between the 
school, student and parents. The program's goal shall be to increase student 
success in Mississippi public schools, K-12, by generating focused, effective 
parent involvement. The objectives of the program shall be as follows: 

(a) To engage parents in supporting the schools and their children's 
education. 

(b) To implement effective home-school communication systems which 
allow parents to be kept well informed about the school and their children's 
progress. 

105 



§ 37-3-63 Education 

(c) To train school administrators on successful strategies for involving 
parents both at home and at school and in developing community support for 
the schools. 

(d) To train teachers on successful strategies for communicating with 
parents and teaching parents to reinforce skills being learned at school. 

(e) To promote reading as the key curricular activity for parental focus. 

(f) To involve the business, medical and religious communities in 
supporting the schools through direct assistance, and to develop positive 
public relations for the schools in the community. 

(g) Publication of a resource manual to assist schools and school 
districts in implementation of Alliance for Families program. 

SOURCES: Laws, 1992, ch. 419, § 19, eff from and after July 1, 1992. 

Editor's Note — Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. 
The veto was overridden by the State Senate and House of Representatives on May 4, 
1992. 

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows: 

"SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, 
appeal, suit, right or cause of action for taxes due or accrued under the income, sales 
and use tax laws before the date on which this act becomes effective, whether such 
claims, assessments, appeals, suits or actions have been begun before the date on which 
this act becomes effective or are begun thereafter; and the provisions of the income, 
sales and use tax laws are expressly continued in full force, effect and operation for the 
purpose of the assessment, collection and enrollment of liens for any taxes due or 
accrued and the execution of any warrant under such laws before the date on which this 
act becomes effective, and for the imposition of any penalties, forfeitures or claims for 
failure to comply with such laws." 

Cross References — Program specified in this section to be funded by state; local 
funding of program not exempt from tax increase limitations; and program not 
mandatory, see § 37-3-77. 

State Board of Education generally, see §§ 37-1-1 et seq. 

§ 37-3-63. Alliance for Families program; procedure for estab- 
lishment. 

The procedure for establishing an Alliance for Families program in a 
district shall include, but shall not be limited to, the following: 

(a) A district assessment which shall include an assessment of school 
personnel, levels of parent and community support, and the student popu- 
lation; research on school district demographics, attitudes, test scores and 
the need for parent involvement. Contact shall be made with key persons 
and school officials in each district and meetings held. 

(b) A recommendation for a district Alliance for Families program shall 
be developed which responds to the school district's needs. The plan shall 
include the district's goals and objectives for implementation of its Alliance 
for Families program. 

(c) A project coordinator shall be assigned to school districts based on 
student population and need, except that each school district shall have one 
(1) assigned coordinator. The role of the district coordinator shall be to 

106 



State Department of Education § 37-3-65 

provide support for the project and to ensure continuity of the program. 
Included in the district coordinator's responsibilities shall be visits to school 
sites, and meetings with principals, teachers and parents to offer assistance 
with implementation of the program. 

SOURCES: Laws, 1992, ch. 419, § 20, eff from and after July 1, 1992. 

Editor's Note — Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. 
The veto was overridden by the State Senate and House of Representatives on May 4, 
1992. 

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows: 

"SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, 
appeal, suit, right or cause of action for taxes due or accrued under the income, sales 
and use tax laws before the date on which this act becomes effective, whether such 
claims, assessments, appeals, suits or actions have been begun before the date on which 
this act becomes effective or are begun thereafter; and the provisions of the income, 
sales and use tax laws are expressly continued in full force, effect and operation for the 
purpose of the assessment, collection and enrollment of liens for any taxes due or 
accrued and the execution of any warrant under such laws before the date on which this 
act becomes effective, and for the imposition of any penalties, forfeitures or claims for 
failure to comply with such laws." 

Cross References — Program specified in this section to be funded by state; local 
funding of program not exempt from tax increase limitations; and program not 
mandatory, see § 37-3-77. 

§ 37-3-65. Alliance for Families program; purpose. 

It shall be the purpose of the Alliance for Families program to provide on 
a district level: 

(a) Enhanced communication with participating principals and teach- 
ers; 

(b) A parent involvement plan tailored to each school's needs; 

(c) Assistance with the support and strategies necessary for successful 
program implementation; 

(d) Support and assistance in other areas as needed to enhance school- 
wide effectiveness. 

SOURCES: Laws, 1992, ch. 419, § 21, eff from and after July 1, 1992. 

Editor's Note — Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. 
The veto was overridden by the State Senate and House of Representatives on May 4, 
1992. 
Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows: 
"SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, 
appeal, suit, right or cause of action for taxes due or accrued under the income, sales 
and use tax laws before the date on which this act becomes effective, whether such 
claims, assessments, appeals, suits or actions have been begun before the date on which 
this act becomes effective or are begun thereafter; and the provisions of the income, 
sales and use tax laws are expressly continued in full force, effect and operation for the 
purpose of the assessment, collection and enrollment of liens for any taxes due or 
accrued and the execution of any warrant under such laws before the date on which this 
act becomes effective, and for the imposition of any penalties, forfeitures or claims for 
failure to comply with such laws." 

107 



§ 37-3-67 Education 

Cross References — Program specified in this section to be funded by state; local 
funding of program not exempt from tax increase limitations; and program not 
mandatory, see § 37-3-77. 

§ 37-3-67. Alliance for Families program; components. 

Components of the Alliance for Families program shall include, but shall 
not be limited to: 

(a) A signed parent pledge to assist with identification of ways to 
improve their child's performance; 

(b) Folder/notebook that is sent home periodically, but not less than 
once per month, for parent's signature; 

(c) Emphasis on "back to school night" or other family-oriented pro- 
grams is key parent education events and as a beginning of establishing a 
partnership with the home; 

(d) Reading focus programs which require home reading programs; 

(e) Teacher, principal and parent training on how to participate most 
effectively in the program; 

(f) Newsletters to parents on school programs, classroom curriculum, 
and how parents can reinforce what their child is learning; 

(g) Home survey to assess parents' perceptions about communication, 
school programs and learning strategies for the home; 

(h) Parent/teacher conferences which involve training parents and 
teachers in effective conferencing strategies and cooperative methods to 
achieve student success. 

SOURCES: Laws, 1992, ch. 419, § 22, efT from and after July 1, 1992. 

Editor's Note — Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. 
The veto was overridden by the State Senate and House of Representatives on May 4, 
1992. 

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows: 

"SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, 
appeal, suit, right or cause of action for taxes due or accrued under the income, sales 
and use tax laws before the date on which this act becomes effective, whether such 
claims, assessments, appeals, suits or actions have been begun before the date on which 
this act becomes effective or are begun thereafter; and the provisions of the income, 
sales and use tax laws are expressly continued in full force, effect and operation for the 
purpose of the assessment, collection and enrollment of liens for any taxes due or 
accrued and the execution of any warrant under such laws before the date on which this 
act becomes effective, and for the imposition of any penalties, forfeitures or claims for 
failure to comply with such laws." 

Cross References — Program specified in this section to be funded by state; local 
funding of program not exempt from tax increase limitations; and program not 
mandatory, see § 37-3-77. 



108 



State Department of Education § 37-3-71 

§ 37-3-69. Alliance for Families program; measurement of 
success. 

The success of the Alliance for Families program shall be measured in 
terms of progress on test scores, increase in participation of school events, 
increase in numbers of persons/school districts participating in the program, 
and other appropriate measures. 

SOURCES: Laws, 1992, ch. 419, § 23, eff from and after July 1, 1992. 

Editor's Note — Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. 
The veto was overridden by the State Senate and House of Representatives on May 4, 
1992. 

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows: 

"SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, 
appeal, suit, right or cause of action for taxes due or accrued under the income, sales 
and use tax laws before the date on which this act becomes effective, whether such 
claims, assessments, appeals, suits or actions have been begun before the date on which 
this act becomes effective or are begun thereafter; and the provisions of the income, 
sales and use tax laws are expressly continued in full force, effect and operation for the 
purpose of the assessment, collection and enrollment of liens for any taxes due or 
accrued and the execution of any warrant under such laws before the date on which this 
act becomes effective, and for the imposition of any penalties, forfeitures or claims for 
failure to comply with such laws." 

Cross References — Program specified in this section to be funded by state; local 
funding of program not exempt from tax increase limitations; and program not 
mandatory, see § 37-3-77. 

§ 37-3-71. Alliance for Families program; participation by 
students and school districts; evaluation and report by State 
Board of Education. 

All students in all school districts are eligible to participate in the Alliance 
for Families program. The number of school districts that may participate 
shall be determined by the amount of funding. The State Board of Education 
shall evaluate the Alliance for Families program in participating school 
districts and shall report to the Legislature and the Governor on or before 
August 1, 1993, identifying exemplary programs and making recommenda- 
tions regarding methods and criteria for funding such programs. 

SOURCES: Laws, 1992, ch. 419, § 24, eff from and after July 1, 1992. 

Editor's Note — Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. 
The veto was overridden by the State Senate and House of Representatives on May 4, 
1992. 
Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows: 
"SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, 
appeal, suit, right or cause of action for taxes due or accrued under the income, sales 
and use tax laws before the date on which this act becomes effective, whether such 
claims, assessments, appeals, suits or actions have been begun before the date on which 
this act becomes effective or are begun thereafter; and the provisions of the income, 
sales and use tax laws are expressly continued in full force, effect and operation for the 

109 



§ 37-3-73 Education 

purpose of the assessment, collection and enrollment of liens for any taxes due or 
accrued and the execution of any warrant under such laws before the date on which this 
act becomes effective, and for the imposition of any penalties, forfeitures or claims for 
failure to comply with such laws." 

Cross References — Program specified in this section to be funded by state; local 
funding of program not exempt from tax increase limitations; and program not 
mandatory, see § 37-3-77. 

§ 37-3-73. Rewarding of parents for involvement in school 
improvement; parent of year awards. 

The State Board of Education shall establish an awards program to 
reward parents for becoming involved in school improvement efforts. A process 
shall be established which shall include, but not be limited to, the designation 
of a parent of the year in every school district in the state and the designation 
of one (1) "Parent of the Year" statewide. 

SOURCES: Laws, 1992, ch. 419, § 25, eff from and after July 1, 1992. 

Editor's Note — Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. 
The veto was overridden by the State Senate and House of Representatives on May 4, 
1992. 

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows: 

"SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, 
appeal, suit, right or cause of action for taxes due or accrued under the income, sales 
and use tax laws before the date on which this act becomes effective, whether such 
claims, assessments, appeals, suits or actions have been begun before the date on which 
this act becomes effective or are begun thereafter; and the provisions of the income, 
sales and use tax laws are expressly continued in full force, effect and operation for the 
purpose of the assessment, collection and enrollment of liens for any taxes due or 
accrued and the execution of any warrant under such laws before the date on which this 
act becomes effective, and for the imposition of any penalties, forfeitures or claims for 
failure to comply with such laws." 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 

§ 37-3-75. Awards for exemplary performing public schools 
and school programs. 

The State Board of Education shall establish and design a program of 
awards for exemplary performing public schools. The purpose of the awards 
program shall be to stimulate innovation and improvement in student achieve- 
ment through the provision of awards to schools. 

The board shall establish criteria and guidelines for making awards to 
exemplary performing public schools. 

The board, in conjunction with the Governor, shall reward schools for 
exemplary performance and bring best practices to the attention of other 
schools. The awards shall include public recognition by the board and the 
Governor and the awarding of plaques, certificates, etc. for schools that 
perform well. The board shall have flexibility to recognize not only entire 
schools but also to recognize exemplary programs within a school. 

110 



State Department of Education § 37-3-77 

SOURCES: Laws, 1992, ch. 419, § 26, eff from and after July 1, 1992. 

Editor's Note — Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. 
The veto was overridden by the State Senate and House of Representatives on May 4, 
1992. 

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows: 

"SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, 
appeal, suit, right or cause of action for taxes due or accrued under the income, sales 
and use tax laws before the date on which this act becomes effective, whether such 
claims, assessments, appeals, suits or actions have been begun before the date on which 
this act becomes effective or are begun thereafter; and the provisions of the income, 
sales and use tax laws are expressly continued in full force, effect and operation for the 
purpose of the assessment, collection and enrollment of liens for any taxes due or 
accrued and the execution of any warrant under such laws before the date on which this 
act becomes effective, and for the imposition of any penalties, forfeitures or claims for 
failure to comply with such laws." 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 

§ 37-3-77. State funding of programs provided for in §§ 37- 
3-55 through 37-3-71; expenditure of local funds for specified 
programs; implementation of specified programs deemed 
discretionary. 

(1) It is the intention of the Legislature that local school districts shall 
bear no cost of implementing any of the provisions of this act contained in 
Sections 37-3-55 through 37-3-71 [See Editor's Note below]. Any monetary 
mandates resulting from the passage of these sections shall be contingent 
solely upon full funding by the State of Mississippi. 

(2) In the event the school board of any school district shall choose, in its 
discretion, to expend local funds for the implementation of Sections 37-3-55 
through 37-3-71, it is the intent of the Legislature that these expenditures 
shall not be considered funds expended for the purpose of implementing a "new 
program" mandated by the Legislature and any such funds shall not be 
generated from any taxes levied as an exemption from the tax increase 
limitation provisions prescribed in Sections 27-39-321 and 37-57-107. 

(3) No state officer or state agency, authorized to issue official opinions 
interpreting the laws of this state, shall issue any opinions stating that the 
educational programs prescribed under the provisions of Sections 37-3-55 
through 37-3-71, are mandatory. It is the intent of the Legislature in enacting 
such measures that these educational programs shall be discretionary as 
decided by local school boards. 

SOURCES: Laws, 1992, ch. 419, § 29, eff from and after July 1, 1992. 

Editor's Note — Section 37-3-55 referred to in this section was repealed by Laws of 
1992, ch. 419, § 16, eff from and after July 1, 1997. 

Section 37-3-57, referred to in this section, was repealed by Laws of 1994, ch. 381, 
§ 1, effective from and after July 1, 1996. 

Reference to "this act" in subsection (1) of this section refers to Laws of 1992, ch. 419. 
For a complete list of code sections affected by Laws of 1992, ch. 419, see the Statutory 
Tables Volume, Table B, Acts of Legislature for 1992. 

Ill 



§ 37-3-79 Education 

Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. The veto was 
overridden by the State Senate and House of Representatives on May 4, 1992. 
Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows: 
"SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, 
appeal, suit, right or cause of action for taxes due or accrued under the income, sales 
and use tax laws before the date on which this act becomes effective, whether such 
claims, assessments, appeals, suits or actions have been begun before the date on which 
this act becomes effective or are begun thereafter; and the provisions of the income, 
sales and use tax laws are expressly continued in full force, effect and operation for the 
purpose of the assessment, collection and enrollment of liens for any taxes due or 
accrued and the execution of any warrant under such laws before the date on which this 
act becomes effective, and for the imposition of any penalties, forfeitures or claims for 
failure to comply with such laws." 

§ 37-3-79. Curriculum Coordinator of Music and Art Educa- 
tion. 

The State Department of Education shall employ a Curriculum Coordina- 
tor of Music and Art Education who holds certification as a music and/or art 
teacher. The supervisor's responsibilities shall include the oversight of the 
elementary music/art programs as well as secondary programs. 

SOURCES: Laws, 1994, ch. 409, § 1, eff from and after July 1, 1994. 

§ 37-3-81. School Safety Center. 

The Department of Education, using only existing staff and resources, 
shall establish and maintain a School Safety Center, which shall operate a 
statewide information clearinghouse that: (a) provides assistance to school 
districts and communities during school crises; and (b) provides technical 
assistance, training and current resources to public school officials and parents 
who need assistance in researching, developing and implementing school 
safety plans and in maintaining a safe school environment. However, no 
monies from the Temporary Assistance for Needy Families grant may be used 
for the School Safety Center. 

SOURCES: Laws, 1994, ch. 607, § 10; Laws, 2001, ch. 486, § 2, eff from and after 
July 1, 2001. 

Editor's Note — Laws of 2001, ch. 486, § 1, provides: 

"SECTION 1. This act shall be known and may be cited as the 'Mississippi School 
Safety Act of 2001.'" 

Cross References — Temporary Assistance to Needy Families Program, see 
§§ 43-17-1 et seq. 

§ 37-3-83. School Safety Grant Program. 

(1) There is established within the State Department of Education, using 
only existing staff and resources, a School Safety Grant Program, available to 
all eligible public school districts, to assist in financing programs to provide 

112 



State Department of Education § 37-3-83 

school safety. However, no monies from the Temporary Assistance for Needy 
Families grant may be used for the School Safety Grant Program. 

(2) The school board of each school district, with the assistance of the 
State Department of Education School Safety Center, shall adopt a compre- 
hensive local school district school safety plan and shall update the plan on an 
annual basis. 

(3) Subject to the extent of appropriations available, the School Safety 
Grant Program shall offer any of the following specific preventive services, and 
other additional services appropriate to the most current school district school 
safety plan: 

(a) Metal detectors; 

(b) Video surveillance cameras, communications equipment and moni- 
toring equipment for classrooms, school buildings, school grounds and school 
buses; 

(c) Crisis management/action teams responding to school violence; 

(d) Violence prevention training, conflict resolution training, and other 
appropriate training designated by the State Department of Education for 
faculty and staff; and 

(e) School safety personnel. 

(4) Each local school district of this state may annually apply for school 
safety grant funds subject to appropriations by the Legislature. School safety 
grants shall include a base grant amount plus an additional amount per 
student in average daily attendance in the school or school district. The base 
grant amount and amount per student shall be determined by the State Board 
of Education, subject to specific appropriation therefor by the Legislature. In 
order to be eligible for such program, each local school board desiring to 
participate shall apply to the State Department of Education by May 31 before 
the beginning of the applicable fiscal year on forms provided by the depart- 
ment, and shall be required to establish a local School Safety Task Force to 
involve members of the community in the school safety effort. The State 
Department of Education shall determine by July 1 of each succeeding year 
which local school districts have submitted approved applications for school 
safety grants. 

(5) As part of the School Safety Grant Program, the State Department of 
Education may conduct a pilot program to research the feasibility of using 
video camera equipment in the classroom to address the following: 

(a) Determine if video cameras in the classroom reduce student disci- 
plinary problems; 

(b) Enable teachers to present clear and convincing evidence of a 
student's disruptive behavior to the student, the principal, the superinten- 
dent and the student's parents; and 

(c) Enable teachers to review teaching performance and receive diag- 
nostic feedback for developmental purposes. 

(6) Any local school district may use audio/visual-monitoring equipment 
in classrooms, hallways, buildings, grounds and buses for the purpose of 
monitoring school disciplinary problems. 

113 



§ 37-3-84 Education 

(7) The State Department of Education shall report annually to the 
Chairmen of the Education Committees in the House of Representatives and 
Senate on the operation of the School Safety Center and the School Safety 
Grant Program, along with any recommendations for expansion or revision of 
the program. 

SOURCES: Laws, 1994, ch. 607, § 11; Laws, 1997, ch. 525, § 1; Laws, 2001, ch. 
486, § 3, eff from and after July 1, 2001. 

Editor's Note — Laws of 2001, ch. 486, § 1, provides: 

"SECTION 1. This act shall be known and may be cited as the 'Mississippi School 
Safety Act of 2001.'" 
Cross References — School Safety Center established, see § 37-3-81. 

§ 37-3-84. Confiscation of illegal firearms; reward. 

(1) Each school district in the state may pay a reward not exceeding Five 
Hundred Dollars ($500.00) to any person who provides information that leads 
to the confiscation by the school district or a law enforcement agency of any 
illegal firearm on public school property. 

(2) Each school district shall establish a policy necessary to protect the 
confidentiality of any person who provides such information leading to the 
confiscation of an illegal firearm under this section. 

SOURCES: Laws, 1997, ch. 525, § 2, eff from and after passage (approved April 
10, 1997). 

§ 37-3-85. After-school mentoring programs. 

(1) The Legislature finds that: 

(a) Students who are serious behavior problems in school are at risk of 
becoming juvenile and adult offenders; 

(b) Growing numbers of children live in conditions that place them at 
risk of school failure; 

(c) The provision of school and support services to these children and 
their families by public and nonprofit agencies is fragmented and does not 
prepare these children to learn effectively and have a successful school 
experience; 

(d) The lack of collaboration among schools, families, local agencies and 
other groups involved in family support and youth development activities 
results in the inefficient and ineffective use of resources to meet the needs of 
these children; 

(e) Schools are dedicating an increasing amount of their time and 
resources to responding to disruptive and violent behavior rather than 
fulfilling their mission to challenge with high expectations each child to 
learn, to achieve and to fulfill his or her potential; 

(f) Responding to the needs of students who are at risk of school failure 
and providing for a safe and secure learning environment are cost-effective 

114 






State Department of Education § 37-3-85 

because it enables the state to substitute preventive measures for expensive 
crisis intervention; and 

(g) Differing local needs and local resources necessitate the develop- 
ment of locally generated, community-based plans that coordinate and 
leverage existing resources, not the imposition of uniform and inflexible, 
state-mandated plans. 

(2) There is hereby established within the State Department of Education 
the Support Our Students (S.O.S.) program. The purpose of the program is to 
award grants to neighborhood- and community-based organizations to estab- 
lish local S.O.S. programs that provide high quality after-school mentoring 
activities for school-aged children and provide for comprehensive, collaborative 
delivery of mentoring services by public and nonpublic agencies to these 
children. These services shall be designed to enrich and make a positive impact 
on the lives of school-aged children. These after-school activities may include 
activities after the regular school day and activities on days that students are 
not required to attend school. 

(3) The goals of the S.O.S. program are to: 

(a) Reduce juvenile crime in local communities served by the program; 

(b) Recruit community volunteers to provide positive adult role models 
for school-aged children and to help supervise after-school activities; 

(c) Reduce the number of students who are unsupervised after school, 
otherwise known as "latchkey" children; 

(d) Improve the academic performance of students participating in the 
program; 

(e) Meet the physical, intellectual, emotional and social needs of stu- 
dents participating in the program and improve their attitudes and behav- 
ior; and 

(f) Improve coordination of existing resources and enhance collabora- 
tion so as to provide services to school-aged children effectively and effi- 
ciently. 

(4) As used in this section, "school-aged children" means children enrolled 
in kindergarten through the ninth grade. 

(5) The State Department of Education shall develop and implement the 
Support Our Students (S.O.S.) program. The department shall: 

(a) Sponsor a statewide conference each year for teams of interested 
representatives to provide background information and assistance regarding 
all aspects of the program; 

(b) Disseminate information regarding the program to interested neigh- 
borhood and community groups; 

(c) Develop and disseminate a request for applications to establish local 
S.O.S. programs; 

(d) Provide initial technical assistance to grant applicants and ongoing 
technical assistance as grants are implemented; 

(e) Administer funds appropriated by the Legislature; 

(f) Monitor the grants funded; 

(g) Revoke a grant if necessary or appropriate; 

115 



§ 37-3-85 Education 

(h) Develop and implement a performance-based evaluation system to 
evaluate the program; 

(i) Report on the program implementation to the Legislature and the 
Office of the Governor; 

(j) Adopt any rules necessary to implement this section. 

(6) A community- or neighborhood-based 501(c)(3) entity or a consortium 
consisting of one or more local 501(c)(3) entities and one or more local school 
districts may apply for a grant. 

(7) Applicants for grants shall submit to the State Department of Educa- 
tion an application that includes the following information: 

(a) Identification of one or more neighborhoods to be served by the local 
S.O.S. program, based on a needs assessment of existing conditions for 
school-aged children to be served. Data used in the needs assessment may 
include for each neighborhood to be served by a local program (i) dropout 
statistics, (ii) the number and percentage of school-aged children who 
participate in the federal subsidized lunch program, (hi) the number of 
suspensions and expulsions involving school-aged children, (iv) the number 
of children to be served, (v) the number and percentage of students with two 
(2) working parents or one (1) single parent to be served at a site; (vi) the 
incidence of juvenile crime in the neighborhood, and (vii) any other relevant 
or unique local demographic data. 

Local authorities shall provide this or related information on a timely 
basis to local 501(c)(3) entities submitting applications to establish local 
S.O.S. programs; 

(b) A three-year plan that addresses data used in the needs assessment 
and that includes proposed goals and anticipated outcomes of the local 
S.O.S. program. The plan shall be prepared after consultation with local 
after-school programs, schools, community organizations or groups which 
have as their purpose assisting or helping school-aged children who are at 
risk of failing in school or entering the juvenile justice system, or other 
appropriate groups. In addition, the three-year plan shall provide for regular 
collaborative efforts to seek input and advice from parents of the students 
being served and from other citizens who reflect the demographic conditions 
of the students being served; 

(c) A statement of how grant funds would be used to address local 
problems and what other resources would be used to address the problems. 
This statement should include a list of services to be offered that are related 
to the goals and outcomes and should include plans for recruiting volunteers 
to assist in the program's activities; and 

(d) A process for assessing on an annual basis the success of the local 
plan for addressing the goals of the local S.O.S. program. 

(8) The department shall develop and disseminate a request for applica- 
tions and establish procedures to be followed in developing and submitting 
applications to establish local S.O.S. programs and administering grants to 
establish local S.O.S. programs. 

In reviewing grant applications, the State Superintendent of Education 
shall consider the prevalence of under-served students and families in low- 

116 



State Department of Education § 37-3-85 

income neighborhoods and in isolated rural areas in the area for which the 
grant is requested, the severity of the local problems with regard to children at 
risk of school failure and with regard to school discipline, whether the proposed 
program meets state standards, and the likelihood that the locally designed 
plan will deal with the problems successfully. During the review process, the 
superintendent may recommend modifications in grant applications to appli- 
cants. The superintendent shall submit recommendations to the State Board of 
Education on which applicants should receive grants and the amount they 
should receive. 

In selecting grant recipients, the State Board of Education shall consider 
(a) the recommendations of the superintendent, (b) the geographic location of 
the applicants, and (c) the demographic profile of the applicants. After 
considering these factors, the State Board of Education shall give priority to 
grant applications that will serve areas that have a high incidence of juvenile 
crime and that propose different approaches that can serve as models for other 
communities. The State Board of Education shall select the grant recipients 
prior to July 1, 1995, for local programs that will be in operation at the 
beginning of the 1995-1996 school year, and prior to July 1 and thereafter for 
the appropriate school year. 

A grant recipient may request a modification of a grant or additional funds 
to implement a grant through the grant application process. The request shall 
be reviewed and accepted or rejected in the same manner as a grant 
application. 

(9) The State Department of Education shall administer the grant pro- 
gram under the direction of the State Board of Education. The State Depart- 
ment of Education shall provide technical assistance to grant applicants and 
recipients. 

(10) All agencies of the state and local government, including depart- 
ments of human services, health departments, local mental health, mental 
retardation, court personnel, law enforcement agencies and cities and counties 
shall cooperate with the State Department of Education and local school 
boards that receive grants in coordinating the S.O.S. program at the state level 
and in implementing the S.O.S. program at the local level. 

(11) The Department of Education shall develop and implement an 
evaluation system, under the direction of the State Board of Education, that 
will assess the efficiency and effectiveness of the S.O.S. program. However, 
private schools shall not be included under the provisions of this act. 

SOURCES: Laws, 1995, ch. 609, § 1, eff from and after passage (approved April 
7, 1995). 

Editor's Note — Laws of 1995, ch. 609, § 2, provides as follows: 
"SECTION 2. All new programs authorized in this act are subject to the availability 
of funds specifically appropriated therefor by the Legislature." 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 
State Superintendent of education and his duties generally, see §§ 37-3-9, 37-3-11. 
Temporary Assistance to Needy Families Program, see §§ 43-17-1 et seq. 

117 



§ 37-3-87 Education 

Federal Aspects — Organizations and nonprofit corporations that qualify as exempt 
from federal income tax on corporations, see 26 USCS § 501(c)(3). 

RESEARCH REFERENCES 

AmJur.68Am.Jur. 2d, Schools §§ 238 CJS. 78A C.J.S., Schools and School 
et seq., 290 et seq. Districts §§ 789, 793, 796. 

§ 37-3-87. Student vision screening program. 

(1) The State Department of Education is hereby authorized and empow- 
ered to establish a student vision screening program to make eye screening 
services available to students in Grades K-12 in the public schools in order to 
detect vision problems which can lead to academic problems. Such eye 
screening service shall be based on a process that is screening in nature, and 
not diagnostic, which is intended to identify with a reasonably high probability, 
students with a wide range of eye problems who should seek the services of an 
eye care professional for examination, diagnosis and corrective recommenda- 
tion. Such eye screening service shall provide each student screened with a 
report of the student's screening results to be taken home. Each school shall be 
provided with a list of the students screened, and their results. Statistical 
summaries of the screening results shall be provided to each school, and 
composite statistics by school system, county or district shall be provided to the 
State Department of Education. The State Department of Education may 
contract with any legal entity to administer the student vision screening 
program on the school district level, and such contract shall be let on a 
competitive basis. State funding for said program shall only be available 
subject to appropriation by the Legislature. 

(2) The school board of any local school district shall cooperate with the 
State Department of Education and any entity under contract with the 
department to implement the student vision screening program established 
under this section. 

(3) Before September 1, 1996, an advisory committee for the student 
vision screening program comprised of six (6) eye care professionals shall be 
appointed. The Governor, Lieutenant Governor and Speaker of the House of 
Representatives each shall appoint one (1) member from a list of nominees 
submitted by the Mississippi Optometric Association and one (1) member from 
a list of nominees submitted by the Mississippi Eye, Ear, Nose and Throat 
Association, so that the advisory committee consists of three (3) representa- 
tives from each organization. The members of the committee shall serve for a 
term of four (4) years, to run concurrent with the term of the Governor after the 
expiration of the initial term. 

In order to protect the health, safety and welfare of students as related to 
eye care, the advisory committee shall review the procedures, methodology and 
nature of the vision screening services offered under any contract entered into 
by the State Department of Education for the administration of the student 
vision screening program. Any advisory opinions adopted by the committee on 

118 



State Department of Education § 37-3-91 

the vision screening process may be submitted to the State Board of Education 
and the State Board of Health for consideration or any appropriate action. 

The advisory committee shall determine the times and locations of its 
meetings. Members of the advisory committee shall serve without compensa- 
tion. 

SOURCES: Laws, 1996, ch. 440, § 1, eff from and after July 1, 1996. 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 
State Board of Health generally, see §§ 41-3-1 et seq. 

§ 37-3-89. School discipline and classroom management 
courses; requirement; approval. 

The State Board of Education, acting through the Commission on Teacher 
and Administrator Education, Certification and Licensure and Development, 
shall require each educator preparation program in the state, as a condition for 
approval, to include a course or courses on school discipline or classroom 
management as a required part of the teacher education program. All school 
discipline or classroom management courses offered by a teacher education 
program shall be approved by the Educator License Commission. 

SOURCES: Laws, 1998, ch. 544, § 10, eff from and after passage (approved 
April 13, 1998). 

Editor's Note — Laws of 1998, ch. 544, which enacted the provisions of Sections 
37-3-89, 37-3-91, 37-101-29, 37-149-7, 37-151-10 and 37-159-1 through 37-159-17, and 
amended the provisions of Sections 37-9-77, 37-17-8, 37-143-11 and 37-149-1, may be 
cited as the "Mississippi Critical Teacher Shortage Act of 1998" pursuant to Section 
37-159-1. 

The preamble to Laws of 1998, ch. 544, provides in pertinent part: 

"WHEREAS, in many rural areas and communities in the State of Mississippi, 
particularly in the Mississippi Delta, there exists a critical shortage of qualified 
teachers that continues to grow at an increasing rate as the number of teachers in those 
areas who are eligible for retirement escalates while fewer college students aspire to a 
career in teaching; and 

"WHEREAS, the absence of a qualified teacher in every classroom in the state 
contributes to overall lower test scores for the State of Mississippi and will negatively 
impact the state's work force of tomorrow, made of our children of today; and 

"WHEREAS, it is the intent of the Legislature, in passing this act, to immediately 
reverse this teacher shortage trend by offering attractive incentives to qualified persons 
who pursue a profession in teaching and agree to serve in those communities wherein 
the greatest need for teachers exists, thereby enabling every child in the State of 
Mississippi to receive a quality education: NOW, THEREFORE," 

Cross References — Commission on teacher and administrator education, certifi- 
cation and licensure and development, see § 37-3-2. 

§ 37-3-91. Regional behavioral institutes; discipline and 
classroom management strategies; participation. 

(1) Subject to the availability of funds appropriated for such purpose, the 

119 



§ 37-3-93 Education 

State Department of Education may establish regional behavioral institutes 
for the purpose of providing state-of-the-art training to teachers and admin- 
istrators in discipline and classroom management strategies. 

(2) Any school district may volunteer to participate in a regional behav- 
ioral institute. However, the State Department of Education may require a 
school district to participate in a regional behavioral institute if the depart- 
ment determines that such participation is in the best interest of the school 
district based upon: 

(a) Complaints received and determined by the department to be valid 
which relate to disciplinary problems in the school district; 

(b) Any visit to the school by representatives of the department which 
indicates disciplinary problems in the school district; or 

(c) A review of reports submitted by a school district to the department 
which indicates disciplinary problems in the school district. 

SOURCES: Laws, 1998, ch. 544, § 12, eff from and after passage (approved 
April 13, 1998). 

Editor's Note — Laws of 1998, ch. 544, which enacted the provisions of Sections 
37-3-89, 37-3-91, 37-101-29, 37-149-7, 37-151-10 and 37-159-1 through 37-159-17, and 
amended the provisions of Sections 37-9-77, 37-17-8, 37-143-11 and 37-149-1, may be 
cited as the "Mississippi Critical Teacher Shortage Act of 1998" pursuant to Section 
37-159-1. 

The preamble to Laws of 1998, ch. 544, provides in pertinent part: 

"WHEREAS, in many rural areas and communities in the State of Mississippi, 
particularly in the Mississippi Delta, there exists a critical shortage of qualified 
teachers that continues to grow at an increasing rate as the number of teachers in those 
areas who are eligible for retirement escalates while fewer college students aspire to a 
career in teaching; and 

"WHEREAS, the absence of a qualified teacher in every classroom in the state 
contributes to overall lower test scores for the State of Mississippi and will negatively 
impact the state's work force of tomorrow, made of our children of today; and 

"WHEREAS, it is the intent of the Legislature, in passing this act, to immediately 
reverse this teacher shortage trend by offering attractive incentives to qualified persons 
who pursue a profession in teaching and agree to serve in those communities wherein 
the greatest need for teachers exists, thereby enabling every child in the State of 
Mississippi to receive a quality education: NOW, THEREFORE," 

§ 37-3-93. School Crisis Management Program; quick re- 
sponse teams; toll-free telephone service for reporting 
school violence [Repealed effective July 1, 2010]. 

(1) Subject to the availability of funding specifically appropriated for such 
purpose, there is established a School Crisis Management Program under the 
State Department of Education. This program is to be initiated and executed 
by the department using only existing staff and resources. Under this program, 
the State Department of Education shall create an office making available a 
quick response team of personnel trained in school safety and crisis manage- 
ment to respond to traumatic or violent situations that impact students and 

120 



State Department of Education § 37-3-95 

faculty in the public schools in Mississippi. The School Crisis Management 
Program shall operate in accordance with the following: 

(a) The basic response team shall consist of those personnel designated 
by the State Superintendent of Public Education, or their designees, depend- 
ing on the size of the school and the nature of the event. 

(b) In order to access the services of a response team, the request must 
be made by the local school principal or the superintendent of schools, who 
shall make the request to the State Department of Education or its contact 
designee. 

(c) A response team shall enter a school to work with students and 
faculty for a period of no more than three (3) days, unless otherwise 
requested by the school district. 

(d) The State Department of Education, or its designee, shall operate a 
toll-free incoming wide area telephone service for the purpose of receiving 
reports of suspected cases of school violence and other traumatic situations 
impacting on students and faculty in the public schools. 

(e) The request made by a school district to access the services of a 
response team following a school safety incident may seek a review of the 
local school district's safety plan, and the results of this evaluation may be 
published by the local school board in a newspaper with wide circulation in 
the district. 

(f) Subject to the availability of funds specifically appropriated therefor 
by the Legislature, the expenses of the quick response teams and their 
administrative support shall be provided from state funds. The State 
Department of Education may apply for and expend funds for the support 
and maintenance of this program from private and other funding sources. 

(2) Local school districts, school superintendents and principals may 
request and utilize the services of quick response teams provided for under this 
section; however, this section does not require school officials to request the 
services of quick response teams. 

(3) This section shall be repealed on July 1, 2010. 

SOURCES: Laws, 2001, ch. 486, § 4; Laws, 2003, ch. 416, § 1; Laws, 2007, ch. 416, 
§ 1, eff from and after June 30, 2007. 

Editor's Note — Laws of 2001, ch. 486, § 1, provides: 

"SECTION 1. This act shall be known and may be cited as the 'Mississippi School 
Safety Act of 2001.'" 

Amendment Notes — The 2007 amendment extended the date of the repealer in (3) 
from July 1, 2007, until July 1, 2010. 

Cross References — State superintendent of education and his duties generally, see 
§§ 37-3-9, 37-3-11. 

§ 37-3-95. Junior Reserve Officer Training Corps (JROTC) 
statewide coordinator; powers and duties. 

(1) Subject to the availability of funding for such purpose, the State 
Superintendent of Public Education shall employ within the State Department 

121 



§ 37-3-95 Education 

of Education or, in the alternative, contract with the Mississippi Military 
Department for a statewide coordinator for Junior Reserve Officer Training 
Corps (JROTC) programs in the public schools. If employed by the State 
Department of Education, the JROTC statewide coordinator must be an active 
or retired member of the military and must meet any additional qualifications 
that may be established for the position by the State Superintendent of Public 
Education or State Personnel Board. 

(2) The following are the powers and duties of the JROTC statewide 
coordinator: 

(a) To coordinate training of new JROTC instructors and continuing 
education programs for certified instructors; 

(b) To facilitate communication between JROTC programs in the vari- 
ous public schools; 

(c) To assist in organizing competitions among JROTC units from 
different high schools; 

(d) To assist in the development of the JROTC curriculum; 

(e) To compile information on scholarships available to JROTC partici- 
pants and to solicit support for such scholarships; 

(f) To assist in establishing support groups for parents of students 
participating in a JROTC program; 

(g) To solicit and accept financial support for JROTC programs from 
private sector donors; 

(h) To promote the involvement of JROTC units within their local 
communities; 

(i) To facilitate interaction between JROTC units and the Mississippi 
National Guard and Mississippi Air National Guard; 

(j) To promote, in general, the JROTC program in high schools through- 
out the state; 

(k) To assist local schools with the application process for establishing 
new JROTC programs in high schools; and 

(I) To perform such other duties relating to the JROTC program 
established by the State Superintendent of Public Education or State Board 
of Education. 

SOURCES: Laws, 2001, ch. 592, § 1, eff from and after July 1, 2001. 

Editor's Note — Laws of 2001, ch. 592, § 2, provides as follows: 

"SECTION 2. The State Board of Education shall study the issues relating to the 
funding of Junior Reserve Officer Training Corps (JROTC) and the licensing of JROTC 
instructors. In studying the licensing issue, the board shall consider the credentials 
required for certification as a JROTC instructor. The board shall present a report on its 
findings concerning these issues along with any other issues related to JROTC to the 
Chairmen of the Education Committees of the House of Representatives and Senate 
before December 15, 2001, which report must include recommended legislation neces- 
sary to effectuate the board's recommendations relating to JROTC." 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 

State Superintendent of education and his duties generally, see §§ 37-3-9, 37-3-11. 

122 



State Department of Education § 37-3-99 

§ 37-3-97. State Department of Education and Board of Trust- 
ees of State Institutions of Higher Learning to jointly pre- 
pare annual report to the Legislature on state teacher 
education programs. [Repealed effective June 30, 2009]. 

The State Department of Education and the Board of Trustees of State 
Institutions of Higher Learning shall prepare jointly an annual report for the 
Legislature and Governor to be submitted before December 1 of each year 
beginning in 2006. The report shall be a compilation of existing data that may 
be used to create a rating system that measures the performance of the teacher 
education programs in the state. 

SOURCES: Laws, 2006, ch. 346, § 5; Laws, 2006, ch. 504, § 14, eff from and after 
July 1, 2006. 

Editor's Note — Laws of 2006, ch. 346, § 5, effective from and after July 1, 2006 
(approved March 13, 2006), contained identical language to this section. The version 
contained in Laws of 2006, ch. 504, effective from and after July 1, 2006 (approved 
March 28, 2006), is printed here because it is the latest expression of legislative intent, 
as determined by the Co-counsel of the Joint Legislative Committee on Compilation, 
Revision and Publication of Legislation. 

Both acts provided for this section to be codified as § 37-3-95, a Code section number 
that is already in use. This section has been codified as § 37-3-97 at the direction of 
Co-counsel of the Joint Committee. 

Laws of 2006, ch. 504 § 1(1), codified at § 37-161-1(1), provides as follows: 

"SECTION 1. (1) This act shall be known and may be referred to as the 'Mississippi 
Education Reform Act of 2006.'" 

Laws of 2006, ch. 504, § 19 provides: 

"SECTION 19. This act shall take effect and be in force from and after July 1, 2006, 
and shall stand repealed on June 30, 2009." 

Cross References — Board of Trustees of State Institutions of Higher Learning 
generally, see §§ 37-101-1 et seq. 

Mississippi Education Reform Act of 2006, see §§ 37-161-1 et seq. 

§ 37-3-99. Curriculum choices for students who are inter- 
ested in direct entry into the workforce upon high school 
graduation; pilot program to redesign secondary schools to 
function as workforce development centers [Repealed effec- 
tive July 1, 2012]. 

The State Department of Education shall design curriculum choices 
within the current requirements for a high school diploma for students who are 
interested in direct entry into the workforce immediately following high school 
graduation. It is the intent of the Legislature that the curriculum for this 
program be rigorous, meeting the requirements based on research outlining 
the skills needed for entry into the workforce. The program shall comply with 
the federal No Child Left Behind Act. The department shall design the 
program for entering ninth graders. The department shall report to the 
Legislature on January 1, 2007, on its plan for the program. Students who 
choose the curriculum under the program will receive a standard diploma. 

123 



§ 37-3-99 Education 

The State Board of Education shall develop and pilot a program to 
redesign secondary schools in Mississippi to function not only as curriculum 
and educational entities but also as workforce development centers. Contin- 
gent upon appropriations, the State Board of Education shall pilot a minimum 
of fifteen (15) sites to be selected through a process developed by the State 
Board of Education and to be implemented during the 2007-2008 school year. 

This section shall stand repealed from and after July 1, 2012. 

SOURCES: Laws, 2006, ch. 554, § 1; Laws, 2007, ch. 511, § 1, eff from and after 
July 1, 2007. 

Editor's Note — Laws of 2006, ch. 554, § 2 provides as follows: 

"SECTION 2. Section 1 of this act shall be codified as a new section in Chapter 3, Title 
37, Mississippi Code of 1972." 

Amendment Notes — The 2007 amendment deleted "beginning with the 2007-2008 
school year" from the end of the fourth sentence of the first paragraph; and added the 
second and third paragraphs. 

Federal Aspects — No Child Left Behind Act of 2001, P.L. 107-110, 115 Stat. 1425, 
see 20 USCS §§ 6301 et seq. 



124 



CHAPTER 4 
State Board for Community and Junior Colleges 

Sec. 

37-4-1. Legislative findings and declaration of policy. 

37-4-3. Establishment of board; composition; qualifications, appointment, terms 

of office and compensation of members; officers; director of state system 

of public junior and community colleges; general powers and duties of 

board. 
37-4-4. Persons required to attend meetings of board; compensation. 

37-4-5. Meaning of term "Junior College Commission". 

37-4-7. Development by board of uniform employment contract for professional 

employees. 
37-4-9. Conduct and funding of incentive certification program. 

37-4-11. Transfer of Industrial Training Programs and postsecondary Adult 

Short-term Training Programs to Workforce Education Program; board 

to develop accountability system; annual report. 
37-4-13. State Board for Community and Junior Colleges authorized to negotiate 

multi-year industrial training program commitments. 
37-4-15. Board to conduct study of state funding structure for community and 

junior colleges. 

§ 37-4-1. Legislative findings and declaration of policy. 

The Legislature finds and determines that the social, cultural and eco- 
nomic well-being of the people of Mississippi, and hence the state, are 
enhanced by various educational experiences beyond the elementary and 
secondary school years. The Legislature hereby provides a means for the 
continuation of a system of community and junior colleges and declares the 
following to be the policy of the State of Mississippi: 

(a) The general purpose of the community and junior colleges is to 
provide educational services for the people of its geographic area within the 
legal structure of the comprehensive community college. These services 
include the teaching and guiding of students who intend to transfer to senior 
colleges to pursue an academic degree and the teaching and guiding of 
career-oriented students in academic, technical and vocational programs. 
These services also include providing opportunities for continuing education 
in academic, technical, vocational and adult education, and providing 
leadership in civic, economic and cultural growth. 

(b) Different geographic regions of the state have differing needs for 
human development. 

(c) Local governance of the public community and junior colleges is an 
effective and efficient means of meeting the diverse local needs, as well as 
those needs and priorities established by the state. 

(d) All post-high school youth and adults who have the motivation and 
ability to benefit from additional educational services and experiences 
should be provided such an opportunity. 

(e) Community and junior colleges should provide quality instructional 
activities that are accessible geographically and financially to the people of 
the state, within the resources available for this purpose. 

125 



§ 37-4-3 Education 

(f) Instructional activities should be related to the needs of the individ- 
ual, region and state, and should be available throughout one's life regard- 
less of prior educational experiences or attainment. 

(g) An appropriate relationship between local district and state finan- 
cial support of community and junior colleges shall be established. 

(h) Coordination between public schools, community and junior colleges 
and universities shall complement the educational goals and attainments of 
individuals and the state. 

(i) The Associate Degree should be a definitive and accepted higher 
educational degree, recognized for transfer to four-year institutions and for 
employment and promotion in business and industry. 

(j) The community and junior colleges shall be the presumptive deliv- 
erers of public post-secondary training designed to meet the needs of 
individuals, business and state development objectives. This includes, but is 
not limited to, post-secondary training conducted under federal and state 
vocational and technical acts. 

(k) Community and junior colleges shall be considered agencies of local 
government rather than agencies of the state. 

SOURCES: Laws, 1986, ch. 434, § 1, eff from and after July 1, 1986 (became law 
on April 4, 1986, without Governor's signature). 

ATTORNEY GENERAL OPINIONS 

Community and junior colleges, not be- of Information Technology Services, 

ing agencies of the state, do not fall under Litchliter, Apr. 12, 2002, A.G. Op. #02- 

the purview of the Department of Infor- 0153. 

mation Technology Services for the acqui- Community and junior colleges are not 

sition of information technology equip- covered by the state's leave law, but retain 

ment and services. Litchliter, Mar. 16, the authority to adopt their own leave 

2001, A.G. Op. #01-0139. policies so long as provisions therein for 

Expenditures of tax proceeds by com- retirement credit do not exceed the state 

munity and junior colleges for electronic law provisions. Ready, Oct. 31, 2003, A.G. 

data processing equipment is subject to Q p 03-0331 
approval by the Mississippi Department 

RESEARCH REFERENCES 

Practice References. Mississippi Contemporary Issues and Court Decisions 

School Laws Annotated (Michie). (Matthew Bender). 

Federal Education Laws and Regula- Rapp, Education Law (Matthew 

tions (Michie). Bender). 

Vacca and Bosher, Law and Education: , 

§ 37-4-3. Establishment of board; composition; qualifications, 
appointment, terms of office and compensation of members; 
officers; director of state system of public junior and com- 
munity colleges; general powers and duties of board. 

(1) From and after July 1, 1986, there shall be a State Board for 
126 



Community & Junior Colleges Bd. § 37-4-3 

Community and Junior Colleges which shall receive and distribute funds 
appropriated by the Legislature for the use of the public community and junior 
colleges and funds from federal and other sources that are transmitted through 
the state governmental organization for use by said colleges. This board shall 
provide general coordination of the public community and junior colleges, 
assemble reports and such other duties as may be prescribed by law. 

(2) The board shall consist often (10) members of which none shall be an 
elected official and none shall be engaged in the educational profession. The 
Governor shall appoint two (2) members from the First Mississippi Congres- 
sional District, one (1) who shall serve an initial term of two (2) years and one 
(1) who shall serve an initial term of five (5) years; two (2) members from the 
Second Mississippi Congressional District, one (1) who shall serve an initial 
term of five (5) years and one (1) who shall serve an initial term of three (3) 
years; and two (2) members from the Third Mississippi Congressional District, 
one (1) who shall serve an initial term of four (4) years and one (1) who shall 
serve an initial term of two (2) years; two (2) members from the Fourth 
Mississippi Congressional District, one (1) who shall serve an initial term of 
three (3) years and one (1) who shall serve an initial term of four (4) years; and 
two (2) members from the Fifth Mississippi Congressional District, one (1) who 
shall serve an initial term of five (5) years and one (1) who shall serve an initial 
term of two (2) years. All subsequent appointments shall be for a term of six (6) 
years and continue until their successors are appointed and qualify. An 
appointment to fill a vacancy which arises for reasons other than by expiration 
of a term of office shall be for the unexpired term only. No two (2) appointees 
shall reside in the same junior college district. All members shall be appointed 
with the advice and consent of the Senate. 

(3) There shall be a chairman and vice chairman of the board, elected by 
and from the membership of the board; and the chairman shall be the 
presiding officer of the board. The board shall adopt rules and regulations 
governing times and places for meetings and governing the manner of 
conducting its business. 

(4) The members of the board shall receive no annual salary, but shall 
receive per diem compensation as authorized by Section 25-3-69, Mississippi 
Code of 1972, for each day devoted to the discharge of official board duties and 
shall be entitled to reimbursement for all actual and necessary expenses 
incurred in the discharge of their duties, including mileage as authorized by 
Section 25-3-41, Mississippi Code of 1972. 

(5) The board shall name a director for the state system of public junior 
and community colleges, who shall serve at the pleasure of the board. Such 
director shall be the chief executive officer of the board, give direction to the 
board staff, carry out the policies set forth by the board, and work with the 
presidents of the several community and junior colleges to assist them in 
carrying out the mandates of the several boards of trustees and in functioning 
within the state system and policies established by the State Board for 
Community and Junior Colleges. The State Board for Community and Junior 
Colleges shall set the salary of the Director of the State System of Community 

127 



§ 37-4-3 Education 

and Junior Colleges. The Legislature shall provide adequate funds for the 
State Board for Community and Junior Colleges, its activities and its staff. 

(6) The powers and duties of the State Board for Community and Junior 
Colleges shall be: 

(a) To authorize disbursements of state appropriated funds to commu- 
nity and junior colleges through orders in the minutes of the board. 

(b) To make studies of the needs of the state as they relate to the 
mission of the community and junior colleges. 

(c) To approve new, changes to and deletions of vocational and technical 
programs to the various colleges. 

(d) To require community and junior colleges to supply such informa- 
tion as the board may request and compile, publish and make available such 
reports based thereon as the board may deem advisable. 

(e) To approve proposed new attendance centers (campus locations) as 
the local boards of trustees should determine to be in the best interest of the 
district. Provided, however, that no new community/junior college branch 
campus shall be approved without an authorizing act of the Legislature. 

(f) To serve as the state approving agency for federal funds for proposed 
contracts to borrow money for the purpose of acquiring land, erecting, 
repairing, etc. dormitories, dwellings or apartments for students and/or 
faculty, such loans to be paid from revenue produced by such facilities as 
requested by local boards of trustees. 

(g) To approve applications from community and junior colleges for 
state funds for vocational-technical education facilities. 

(h) To approve any university branch campus offering lower undergrad- 
uate level courses for credit. 

(i) To appoint members to the Post-Secondary Educational Assistance 
Board. 

(j) To appoint members to the Authority for Educational Television. 

(k) To contract with other boards, commissions, governmental entities, 
foundations, corporations or individuals for programs, services, grants and 
awards when such are needed for the operation and development of the state 
public community and junior college system. 

(/) To fix standards for community and junior colleges to qualify for 
appropriations, and qualifications for community and junior college teach- 
ers. 

(m) To have sign-off approval on the State Plan for Vocational Educa- 
tion which is developed in cooperation with appropriate units of the State 
Department of Education. 

(n) To approve or disapprove of any proposed inclusion within munici- 
pal corporate limits of state-owned buildings and grounds of any community 
college or junior college and to approve or disapprove of land use develop- 
ment, zoning requirements, building codes and delivery of governmental 
services applicable to state-owned buildings and grounds of any community 
college or junior college. Any agreement by a local board of trustees of a 
community college or junior college to annexation of state-owned property or 

128 



Community & Junior Colleges Bd. § 37-4-3 

other conditions described in this paragraph shall be void unless approved 
by the board and by the board of supervisors of the county in which the 
state-owned property is located. 

SOURCES: Laws, 1986, ch. 434, § 2; Laws, 1988, ch. 461, eff from and after 
passage (approved April 27, 1988). 

Joint Legislative Committee Note — Pursuant to Section 1-1-109, the Joint 
Legislative Committee on Compilation, Revision and Publication of Legislation cor- 
rected a typographical error in subsection (2). The words "from the Fourth Mississippi 
Congressional District, who shall serve an initial term of five (5) years. All subsequent 
appointments shall be for a term of six (6) years and continue until their successors are 
appointed and qualify. An appointment to fill a vacancy which arises for reasons other 
than by expiration of a term of office shall be for the unexpired term only. All members 
shall be appointed with the advice and consent of the Senate." were deleted from the 
end. The Joint Committee ratified the correction at its December 3, 1996 meeting. 

Editor's Note — Laws of 1986, ch. 434, § 16, effective July 1, 1986 (became law on 
April 4, 1986, without Governor's signature), provides as follows: 

"SECTION 16. (1) Effective July 1, 1986, all employees of the Division of Junior 
Colleges of the State Department of Education shall be transferred according to the 
merger of their duties by this act. All such transfers shall be in accordance with the 
rules and regulations of the State Personnel Board. 

(2) All records, personnel, property and unexpended balances of appropriations, 
allocations or other funds of the Division of Junior Colleges of the State Department of 
Education shall be transferred to the appropriate agency according to the transfer of its 
functions under this act." 

Cross References — Division of state into five congressional disricts, see § 23-15- 
1037. 

Assistance by State Board of Community and Junior Colleges in making relevant 
information available to Cooperative Extension Service for information clearinghouse 
assisting farmers, see § 69-2-5. 

ATTORNEY GENERAL OPINIONS 

Appointments to this board should be which was in effect. Canon, Jan. 16, 2003, 
reviewed under the last five-district plan A.G. Op. #03-0016. 

RESEARCH REFERENCES 

Am Jur. 15A Am. Jur. 2d, Colleges and and universities in former de jure states 

Universities §§ 1 et seq. to desegregate? 62 Miss. L. J. 285, Winter, 

CJS. 14A C.J.S., Colleges and Univer- 1993. 
sities §§ 1, 2, 10, 11, 13, 42. Dunaway and Mills, United States v. 

Law Reviews. Adams, Through the Fordice: A summary of the parties' argu- 

looking glass and what the Supreme men ts. 62 Miss. L. J. 361, Winter, 1993. 
Court finds there: the political setting of Davis? The quest for equal education in 

United States v Fordice. 62 Miss. L. J. Mississippi: the implications of United 

263, Winter 1993. States y Fordice . 62 Miss L j 405 Win „ 

Connell, The road to United States v. ter -^qqo 
Fordice: what is the duty of public colleges ' 



129 



§ 37-4-4 Education 

§ 37-4-4. Persons required to attend meetings of board; com- 
pensation. 

The Commissioner of Higher Education, or his designee, and one (1) 
member of the Board of Trustees of State Institutions of Higher Learning to be 
designated by the chairman of said board, shall attend all regular meetings of 
the State Board for Community and Junior Colleges. Said university repre- 
sentatives shall have no jurisdiction or vote on any matter within the 
jurisdiction of the board. The Commissioner of Higher Education and any 
designee who is a state employee shall receive no per diem for attending 
meetings of the board, but shall be entitled to actual and necessary expense 
reimbursement and mileage for attending meetings at locations other than 
Jackson, Mississippi. The designee of the Board of Trustees of State Institu- 
tions of Higher Learning shall receive per diem compensation as authorized by 
Section 25-3-69, Mississippi Code of 1972, for attending said meetings, and 
shall be entitled to reimbursement for all actual and necessary expense 
reimbursement and mileage, which shall be paid from funds appropriated to 
the State Board for Community and Junior Colleges. 

SOURCES: Laws, 1989, ch. 413, § 1, eff from and after July 1, 1989. 

Cross References — Commissioner of higher education, see § 37-101-7. 

§ 37-4-5. Meaning of term "Junior College Commission". 

The term "Junior College Commission" whenever it shall appear in the 
laws of the State of Mississippi shall mean and be construed to mean the "State 
Board for Community and Junior Colleges." 

SOURCES: Laws, 1986, ch. 434, § 18, eff from and after July 1, 1986 (became 
law on April 4, 1986, without Governor's signature). 

§ 37-4-7. Development by board of uniform employment con- 
tract for professional employees. 

The State Board for Community and Junior Colleges shall study the 
feasibility of developing and implementing a state adopted uniform contract 
within each community and junior college district. Such study shall include, 
but not be limited to, the following areas for consideration: 

(a) Terms of employment; 

(b) Salary schedules; 

(c) Leave provisions; 

(d) Health insurance benefits; 

(e) Tenure; 

(f) Retirement benefits. 

SOURCES: Laws, 1988, ch. 561, § 1, eff from and after passage (approved May 
21, 1988). 

130 



Community & Junior Colleges Bd. § 37-4-11 

§ 37-4-9. Conduct and funding of incentive certification pro- 
gram. 

The State Board for Community and Junior Colleges is authorized to 
receive income from voluntary fees, contributions, donations, other forms of 
financial assistance, materials or manpower from persons, corporations, orga- 
nizations and other sources, private or public, to be utilized and expended by 
the board in carrying out the incentive certification program mandated by the 
Work Force and Education Act of 1994 in Sections 37-151-63 through 37- 
151-75 and 37-153-1 through 37-153-13. Additionally, awards or scholarships 
to industry or to students or both are authorized. 

SOURCES: Laws, 1995, ch. 376, § 1, eff from and after passage (approved 
March 15, 1995). 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 99 CJS. 78A C.J.S., Schools and School 
et seq. Districts §§ 636-645. 

§ 37-4-11. Transfer of Industrial Training Programs and post- 
secondary Adult Short-term Training Programs to Work- 
force Education Program; board to develop accountability 
system; annual report. 

(1) The purpose of this section is to insure the uniform management, 
oversight and accountability of the state-funded Industrial Training Programs, 
and postsecondary Adult Short-Term Training Programs and Workforce Edu- 
cation Programs administered by the State Board for Community and Junior 
Colleges for adults provided to the citizens of Mississippi. 

(2) Effective July 1, 1999, all state-funded Industrial Training Programs 
and postsecondary Adult Short-term Training Programs administered by and 
through the State Department of Education on June 30, 1999, shall be 
transferred to the Workforce Education Program of the State Board for 
Community and Junior Colleges. The Legislature shall appropriate annually 
to the State Board for Community and Junior Colleges funds necessary to 
administer these programs. 

(3) Effective July 1, 1999, all funds, unexpended balances, assets, liabil- 
ities and property of the State Department of Education which are used in the 
delivery of postsecondary Adult Short-term Training Programs and Industrial 
Training Programs, excluding funds, unexpended balances, assets, liabilities 
and property associated with the Research and Curriculum Unit at Mississippi 
State University, shall be transferred to the Workforce Education Program 
funds of the State Board for Community and Junior Colleges. The State 
Department of Education also shall transfer to the State Board for Community 
and Junior Colleges all positions and funds employed by the State Department 
of Education and community colleges which render industrial training, post- 
secondary adult short-term training or workforce education services, including 

131 



§ 37-4-13 Education 

the seven (7) administrative and support positions providing support to these 
programs. Sufficient staff positions shall be transferred from the State Depart- 
ment of Education, which will have a reduction in training and educational 
responsibilities by virtue of this act, to the State Board for Community and 
Junior Colleges to assure that the transferred responsibilities will be properly 
managed and administered. Any funds available to the State Department of 
Education for Industrial Training Programs and state-funded post secondary 
Adult Short-term Training Programs which are subject to carryover shall be 
transferred to the Work Force Carryover Fund established by Chapter 498, 
Laws of 1995, for use by the State Board for Community and Junior Colleges, 
on or before August 15, 1999. 

(4) The State Board for Community and Junior Colleges shall develop an 
accountability system that shall report and describe all classes taught in the 
area of workforce education, the number of persons taught in these classes, 
and the location and cost of each class taught. To assess the impact of these 
programs, the State Board for Community and Junior Colleges also shall 
report: 

(a) Whether the needs of industry have been met through training 
program offerings; 

(b) Any changes in the income of trainees between the completion of 
training and the date of the report; 

(c) The number of jobs created and the number of jobs retained through 
the programs; and 

(d) Trainee success in passing proficiency tests, where applicable. 
This information shall be reported on a fiscal year basis and shall be 

provided to the House and Senate Education Committees before December 15 
of each year. 

SOURCES: Laws, 1999, ch. 572, § 1; Laws, 2003, ch. 312, § 1; Laws, 2003, ch, 416, 
§ 2; Laws, 2006, ch. 368, § 1, eff from and after July 1, 2006. 

Joint Legislative Committee Note — Section 1 of ch. 312, Laws of 2003, effective 
from and after June 1, 2003, amended this section. Section 2 of ch. 416, Laws of 2003, 
effective from and after June 30, 2003, also amended this section. As set out above, this 
section reflects the language of Section 2 of ch. 416, Laws of 2003, pursuant to Section 
1-3-79 which provides that whenever the same section of law is amended by different 
bills during the same legislative session, the amendment with the latest effective date 
shall supersede all other amendments to the same section taking effect earlier. 

Amendment Notes — The 2006 amendment deleted former (5), which read: "This 
section shall be repealed on July 1, 2007." 

§ 37-4-13. State Board for Community and Junior Colleges 
authorized to negotiate multi-year industrial training pro- 
gram commitments. 

(1) In negotiating commitments under the Industrial Training Programs 
with industries seeking to locate or expand in Mississippi, the State Board for 
Community and Junior Colleges may enter into multi-year agreements for 

132 



Community & Junior Colleges Bd. § 37-4-15 

such training programs subject to the availability of funds appropriated 
therefor. 

(2) The State Board for Community and Junior Colleges shall file a report 
with the Secretary of the Senate and the Clerk of the House of Representatives 
listing the commitments that are made pursuant to subsection (1) of this 
section. 

SOURCES: Laws, 2000, 2nd Ex Sess, ch. 1, § 59, eff from and after passage 
(approved Aug. 30, 2000.) 

Editor's Note — Laws of 2000, 2nd Ex Sess, ch. 1, § 1 provides: 
"SECTION 1. This act may be cited as the 'Advantage Mississippi Initiative.'" 

§ 37-4-15. Board to conduct study of state funding structure 
for community and junior colleges. 

(1) On or after July 1, 2002, the State Board for Community and Junior 
Colleges shall contract with a competent management consulting or account- 
ing firm to study the state funding formula for community and junior colleges. 
The study shall accomplish the following specific outcomes: 

(a) Evaluate the validity of the current student classifications used in 
the funding formula and make recommendations for change in the classifi- 
cation system if advisable; 

(b) Evaluate the weights assigned to each student classification and 
make recommendations for change in the current weights if advisable; 

(c) Identify the best management practices associated with the produc- 
tion of graduates in each of the student classifications and use such 
information as a basis for validating any changes in weights referred to in 
paragraph (b) of this subsection. The study of best practices shall also 
identify the amount of state funding that is used in program areas at schools 
exhibiting the best management practices. 

(2) The report also shall recommend to the State Board for Community 
and Junior Colleges all reporting requirements and systems needed to collect 
information necessary to maintain a valid system of weights, student classifi- 
cation and the best practices associated with producing graduates most 
efficiently. All community and junior colleges shall cooperate with the State 
Board for Community and Junior Colleges in conducting this study and in 
providing all further information on an annual basis necessary to update the 
weights for programs established as a result of this study, the best manage- 
ment practices and the student classifications established as a result of this 
study. 

(3) The State Board for Community and Junior Colleges shall report its 
findings to the Chairs of the House and Senate Education Committees and the 
House and Senate Appropriations Committees no later than December 15, 
2002. 

SOURCES: Laws, 2002, ch. 581, § 1, eff from and after July 1, 2002. 

133 



CHAPTER 5 
County Boards of Education and Superintendents 

County Boards of Education 37-5-1 

County Superintendents of Education 37-5-61 

COUNTY BOARDS OF EDUCATION 

Sec. 

37-5-1. Establishment; composition; qualifications and election of members 

generally; counties in which board not to exist. 
37-5-3. Residency requirements of members of board; qualifications of electors. 

37-5-5. Repealed. 

37-5-7. Time of election and terms of office of members of board. 

37-5-9. Nominating petition. 

37-5-11 through 37-5-17. Repealed. 
37-5-18. Election of members from special board of education districts in certain 

counties. 
37-5-19. Filling of vacancies on board. 

37-5-21 through 37-5-41. Repealed. 

§ 37-5-1. Establishment; composition; qualifications and elec- 
tion of members generally; counties in which board not to 
exist. 

(1) There is hereby established a county board of education in each county 
of the State of Mississippi. Said county board of education shall consist of five 
(5) members, one (1) of which, subject to the further provisions of this chapter 
and except as is otherwise provided in Section 37-5-1(2), shall be elected by the 
qualified electors of each board of education district of the county. Except as is 
otherwise provided in Section 37-5-3, each member so elected shall be a 
resident and qualified elector of the district from which he is elected. 

(2) The county board of education shall apportion the county school 
district into five (5) single member board of education districts. The county 
board of education shall place upon its minutes the boundaries determined for 
the new five (5) board of education districts. The board of education of said 
county shall thereafter publish the same in some newspaper of general 
circulation within said county for at least three (3) consecutive weeks and after 
having given notice of publication and recording the same upon the minutes of 
the board of education of said county, said new district lines will thereafter be 
effective. The board of education of said county shall reapportion the board of 
education districts in accordance with the procedure described herein for the 
original apportionment of districts as soon as practicable after the results of 
the 2000 decennial census are published and as soon as practicable after every 
decennial census thereafter. 

(3) In counties where the office of "administrative superintendent" as 
defined in Section 37-6-3, Mississippi Code of 1972, has been abolished, there 
shall be no county board of education. 

134 



County Boards & Superintendents § 37-5-3 

SOURCES: Codes, 1942, § 6271-01; Laws, 1953, Ex Sess ch. 10, § 1; Laws, 1954, 
ch. 283, § 1; Laws, 1958, ch. 309, § 1; Laws, 1960, ch. 297, § 1; Laws, 1962, ch. 
342, 1987, ch. 307, § 10; Laws, 1988, ch. 444, § 1; Laws, 2002, ch. 598, § 1, eff 
July 22, 2002 (the date the United States Attorney General interposed no 
objection under Section 5 of the Voting Rights Act of 1965, to the amend- 
ment of this section.) 

Editor's Note — The United States Attorney General, by letter dated July 22, 2002, 
interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the 
amendment of this section by Laws of 2002, ch. 598, § 5 and 6. 

Cross References — Application of this section to the term of office of members, see 
§ 37-5-7. 

Election of members from special board of education districts in certain counties, see 
§§ 37-5-18, 37-5-19. 

Discontinuance and abolition of county board of education in certain counties, see 
§ 37-7-723. 

JUDICIAL DECISIONS 

1. In general. out giving bond. County Bd. of Educ. v. 

County board of education, and its pres- Smith, 239 Miss. 53, 121 So. 2d 139 
ident, as agents of state, may appeal with- (1960). 

ATTORNEY GENERAL OPINIONS 

It is the responsibility of the county to Section 37-5-1, an individual elected to 

board of supervisors to reapportion the the board on November 5, 2002, should 

board of education districts, which respon- serve the full term of six years and the 

sibility includes the payment of expenses remaining members of the board should 

related to that reapportionment, continue to serve their existing terms as 

Clearman, Jan. 11, 2002, AG. Op. #01- we ll. Pope, Nov. 15, 2002, A.G. Op. #02- 

0783. 0647. 

Even if school district boundaries are 
changed by the board of trustees pursuant 

RESEARCH REFERENCES 

ALR. Applicability and application of Practice References. Mississippi 

§ 2 of Voting Rights Act of 1965 (42 USCS School Laws Annotated (Michie). 

§ 1973) to members of school board. 105 Federal Education Laws and Regula- 

A.L.R. Fed. 254. tions (Michie). 

Am Jur. 68 Am. Jur. 2d, Schools §§ 59 V acca and Bosher, Law and Education: 

i^k r,o ^ t ^ n i i t^i t Contemporary Issues and Court Decisions 

CJS. 78 C.J.S., Schools and School Dis- (Matthew Bender), 
tricts §§ 93et seq_ Rapp, Education Law (Matthew 

Law Reviews. Mississippi and the Vot- R _, I 

ing Rights Act: 1965-1982. 52 Miss. L. J. nenaer) - 
803, December 1982. 

§ 37-5-3. Residency requirements of members of board; quali- 
fications of electors. 

No person who is a resident of the territory embraced within a municipal 
separate school district or a special municipal separate school district shall be 

135 



§ 37-5-5 Education 

eligible to be a member of the county board of education. Qualified electors 
residing within a municipal separate school district or special municipal 
separate school district shall not be eligible to vote or participate in the election 
of members of the county board of education. 

The provisions of this section shall be applicable in the case of a special 
municipal separate school district and a line consolidated school district of 
which another county is the home county which together occupy all of the 
territory of a supervisors district of the county. 

SOURCES: Codes, 1942, § 6271-01; Laws, 1953, Ex Sess ch. 10, § 1; Laws, 1954, 
ch. 283, § 1; Laws, 1958, ch. 309, § 1; Laws, 1960, ch. 297, § 1; Laws, 1962, ch. 
342, eff from and after passage (approved May 21, 1962). 

RESEARCH REFERENCES 

ALR. Applicability and application of § 1973) to members of school board. 105 
§ 2 of Voting Rights Act of 1965 (42 USCS A.L.R. Fed. 254. 

§ 37-5-5. Repealed. 

Repealed by Laws, 1988, ch. 444, § 3, eff from and after August 9, 1988 
(the date the United States Attorney General interposed no objection to the 
repeal of this section). 

[Codes, 1942, 6271-01; Laws, 1953, Ex Sess ch. 10, § 1; 1954, ch. 283, § 1; 
1958, ch. 309, § 1; 1960, ch. 297, § 1; 1962, ch. 342] 

Editor's Note — Former § 37-5-5 pertained to at-large school board members. 

§ 37-5-7. Time of election and terms of office of members of 
board. 

(1) On the first Tuesday after the first Monday in May, 1954, an election 
shall be held in each county in this state in the same manner as general state 
and county elections are held and conducted, which election shall be held for 
the purpose of electing the county boards of education established under the 
provisions of this chapter. At such election, the members of the said board from 
Supervisors Districts One and Two shall be elected for the term expiring on the 
first Monday of January, 1957; members of the board from Supervisors 
Districts Three and Four shall be elected for a term expiring on the first 
Monday of January, 1959; and the member of the board from Supervisors 
District Five shall be elected for a term expiring on the first Monday of 
January, 1955. Except as otherwise provided in subsection (2), all subsequent 
members of the board shall be elected for a term of six (6) years at the regular 
general election held on the first Monday in November next preceding the 
expiration of the term of office of the respective member or members of such 
board. All members of the county board of education as herein constituted, 
shall take office on the first Monday of January following the date of their 
election. 

136 



County Boards & Superintendents § 37-5-9 

(2) On the first Tuesday after the first Monday in November, in any year 
in which any county shall elect to utilize the authority contained in Section 
37-5-1(2), an election shall be held in each such county in this state for the 
purpose of electing the county boards of education in such counties. At said 
election the members of the said county board of education from Districts One 
and Two shall be elected for a term of four (4) years, the members from 
Districts Three and Four shall be elected for a term of six (6) years, and the 
member from District Five shall be elected for a term of two (2) years. 
Thereafter, members shall be elected at general elections as vacancies occur for 
terms of six (6) years each. All members of the county board of education shall 
take office on the first Monday of January following the date of their election. 

SOURCES: Codes, 1942, § 6271-02; Laws, 1953, Ex Sess ch. 10, § 2; Laws, 1954, 
ch. 283, § 2; Laws, 1958, ch. 309, § 2; Laws, 1988, ch. 444, § 2, eff from and 
after June 15, 1988 (the date the United States Attorney General inter- 
posed no objection to the amendment of this section). 

ATTORNEY GENERAL OPINIONS 

Even if school district boundaries are remaining members of the board should 

changed by the board of trustees pursuant continue to serve their existing terms as 

to Section 37-5-1, an individual elected to well. Pope, Nov. 15, 2002, A.G. Op. #02- 

the board on November 5, 2002, should 0647. 
serve the full term of six years and the 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools § 63. 
CJS. 78 C.J.S., Schools and School Dis- 
tricts § 97. 

§ 37-5-9. Nominating petition. 

The name of any qualified elector who is a candidate for the county board 
of education shall be placed on the ballot used in the general elections by the 
county election commissioners, provided that the candidate files with the 
county election commissioners, not more than ninety (90) days and not less 
than sixty (60) days prior to the date of such general election, a petition of 
nomination signed by not less than fifty (50) qualified electors of the county 
residing within each supervisors district. Where there are less than one 
hundred (100) qualified electors in said supervisors district, it shall only be 
required that said petition of nomination be signed by at least twenty percent 
(20%) of the qualified electors of such supervisors district. The candidate in 
each supervisors district who receives the highest number of votes cast in the 
district shall be declared elected. 

When any member of the county board of education is to be elected from 
the county at large under the provisions of this chapter, then the petition 
required by the preceding paragraph hereof shall be signed by the required 
number of qualified electors residing in any part of the county outside of the 

137 



§ 37-5-11 Education 

territory embraced within a municipal separate school district or special 
municipal separate school district. The candidate who receives the highest 
number of votes cast in the election shall be declared elected. 

In no case shall any qualified elector residing within a municipal separate 
school district or special municipal separate school district be eligible to sign a 
petition of nomination for any candidate for the county board of education 
under any of the provisions of this section. 

SOURCES: Codes, 1942, § 6271-03; Laws, 1953, Ex Sess ch. 10, § 3; Laws, 1954, 
ch. 283, § 3; Laws, 1958, ch. 309, § 3; Laws, 1978, ch. 392, § 1, eff from and 
after July 1, 1978 (approved under Voting Rights Act of 1965 by United 
States Attorney General on May 12, 1978). 

RESEARCH REFERENCES 

ALR. Applicability and application of Am Jur. 68 Am. Jur. 2d, Schools § 60. 

§ 2 of Voting Rights Act of 1965 (42 USCS CJS. 78 C.J.S., Schools and School Dis- 

§ 1973) to members of school board. 105 tricts § 94 
A.L.R. Fed. 254. 

§§ 37-5-11 through 37-5-17. Repealed. 

Repealed by Laws, 1988, ch. 444, § 3, eff from and after June 15, 1988 (the 
date the United States Attorney General interposed no objection to the repeal 
of this section). 

§ 37-5-11. [Codes, 1942, § 6271-03.5; Laws, 1958, ch. 309, § 4; 1960, ch. 
298, §§ 1-3; 1966, ch. 404, § 1; 1968, ch. 396] 

§ 37-5-13. [Codes, 1942, § 6271-03.5; Laws, 1958, ch. 309, § 4; 1960, ch. 
298, §§ 1-3; 1966, ch. 404, § 1; 1968, ch. 396] 

§ 37-5-15. [Codes, 1942, § 6271-03.7; Laws, 1966, ch. 431, §§ 1-8; 1968, 
ch. 397, § 1] 

§ 37-5-17. [Codes, 1942, §§ 6271-21, 6271-22, 6271-23, 6271-24, 6271-25, 
6271-26; Laws, 1966, ch. 428, §§ 1-6] 

Editor's Note — Former § 37-5-11 pertained to the election of county board of 
education members at large, and the manner of holding an election. 

Former § 37-5-13 authorized the election of members of the county board of 
education at large. 

Former § 37-5-15 pertained to the election of county at-large members in counties 
within the Yazoo-Mississippi Delta Levee District. 

Former § 37-5-17 authorized the election of members from county at large in 
counties with a population between 47,000 and 50,000. 

§ 37-5-18. Election of members from special board of educa- 
tion districts in certain counties. 

In any county bordering on the Mississippi Sound and having therein at 
least four (4) municipal separate school districts, each member of the county 
board of education established by Section 37-5-1 for such county shall be 

138 



County Boards & Superintendents § 37-5-19 

elected from and shall be a resident and qualified elector in a special district 
determined in the following manner: 

The board of education of such a county shall apportion the county into five 
(5) board of education districts in the territory outside the municipal separate 
school districts and these board of education districts shall be divided as nearly 
equal as possible according to population, incumbency and other factors 
heretofore pronounced by the courts. The board of education shall place upon 
its minutes the boundaries determined for the new five (5) board of education 
districts. The board of education of said county shall thereafter publish the 
same in some newspaper of general circulation within said county for at least 
three (3) consecutive weeks and after having given notice of publication and 
recording the same upon the minutes of the board of education of said county, 
said new district lines will thereafter be effective. 

All incumbents now holding office within the district as presently consti- 
tuted shall continue holding their respective offices provided they reside within 
the new district for the remainder of the term of office to which they have 
heretofore been elected and all members from the respective district shall be 
elected from the new board of education district constituted as herein provided 
in the same manner provided by law for the election of members of the county 
board of education. Any vacancies in the office, whether occasioned by 
redistricting or by other cause, shall be filled in the manner presently provided 
by law for the filling of vacancies. 

SOURCES: Laws, 1976, ch. 322; Laws, 2002, ch. 598, § 2, eff July 22, 2002 (the 
date the United States Attorney General interposed no objection under 
Section 5 of the Voting Rights Act of 1965, to the amendment of this 
section.) 

Editor's Note — The United States Attorney General, by letter dated July 22, 2002, 
interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the 
amendment of this section by Laws of 2002, ch. 598 §§ 5 and 6. 

RESEARCH REFERENCES 

ALR. Application of requirement that 
newspaper be locally published for official 
notice publication. 85 A.L.R.4th 581. 

§ 37-5-19. Filling of vacancies on board. 

Vacancies in the membership of the county board of education shall be 
filled by appointment, within 60 days after the vacancy occurs, by the 
remaining members of the county board of education. Said appointee shall be 
selected from the qualified electors of the district in which the vacancy occurs, 
and shall serve until the first Monday of January next succeeding the next 
general election, at which general election a member shall be elected to fill the 
remainder of the unexpired term in the same manner and with the same 
qualifications applicable to the election of a member for the full term. 

139 



§ 37-5-21 Education 

In the event the vacancy occurs more than five months prior to the next 
general election and the remaining members of the county board of education 
are unable to agree upon an individual to be appointed, any two of the 
remaining members may certify such disagreement to the county election 
commission. Upon the receipt of such a certificate by the county election 
commission, or any member thereof, the commission shall hold a special 
election to fill the vacancy, which said election, notice thereof and ballot shall 
be controlled by the laws concerning special elections to fill vacancies in county 
or county district offices. The person elected at such a special election shall 
serve for the remainder of the unexpired term. 

SOURCES: Codes, 1942, § 6271-04; Laws, 1953, Ex Sess ch. 10, § 4; Laws, 1960, 
ch. 299. 

ATTORNEY GENERAL OPINIONS 

Mississippi Supreme Court has held on board until vacancy is again filled by 

numerous occasions that terms of statute board; however, in order to avoid any 

dealing with specific subject control over possible conflict of interest, it is suggested 

terms of statute dealing with subject in that interim appointee not participate in 

general; as 23-15-839 is general statute, filling of vacancy. Berkley, Jan. 6, 1993, 

provisions of 37-5-19 are controlling as to A.G. Op. #92-1001. 

procedure that must be followed to fill If two members of school board disagree 

vacancy on county board of education, with suggested appointee to board, and 

Crawford, August 29, 1990, A.G. Op. #90- they certify said disagreement to county 

^norj election commission, interim appointee 

T ' . Till • j. i would be authorized to hold over until 

Interim school board appointee who special election is held in accordance with 

was appointed to serve until first Monday Migs Code gection 37 . 5 . 19 BerkleV; Jan . 

of January, following special election to nil g 1993 A G Op #92-1001 
vacancy in accordance with Miss. Code 'where vacancy is created on school 

Section 37-5-19, would likewise be autho- board, appointment is to be filled in accor- 

rized to hold over until his or her succes- dance with Miss. Code Section 37-5-19, 

sor is selected and qualified to assume and individual appointed to fill said va- 

duties; therefore, interim appointee cancy will serve until new election can be 

whose term expired on January 4, was held. Rohman, Feb. 2, 1993, A.G. Op. 

entitled to continue to serve on school #93-0085. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 64, CJS. 78 C. J.S., Schools and School Dis- 

65. tricts § 97. 

§§ 37-5-21 through 37-5-41. Repealed. 

Repealed by Laws, 1986, ch. 492, § 44, eff from and after July 1, 1987. 

§ 37-5-21. [Codes, 1942, § 6271-05; Laws, 1953, Ex Sess ch. 10, § 5; 1955, 
Ex Sess ch. 47, § 1; 1960, ch. 308, § 2; 1962, ch. 343; 1966, ch. 405, § 1; 1970, 
ch. 523, § 1; Laws, 1972, ch. 392, § 1; 1975, ch. 488; 1979, ch. 449; 1983, ch. 
544] 

§ 37-5-23. [Codes, 1942, § 6271-07; Laws, 1953, Ex Sess ch. 10, § 71 

§ 37-5-25. [Codes, 1942, § 6271-07; Laws, 1953, Ex Sess ch. 10, § 7] 

140 



County Boards & Superintendents § 37-5-41 

§ 37-5-27. [Codes, 1942, § 6274-01; Laws, 1953, Ex Sess ch. 16, § 1; 1954, 
ch. 267, § 1; 1962, ch. 378] 

§ 37-5-29. [Codes, 1942, § 6271-06; Laws, 1953, Ex Sess ch. 10, § 6] 

§ 37-5-31. [Codes, 1942, § 6274-03; Laws, 1953, Ex Sess ch. 16, § 3; 1985, 
ch. 391, § 3; 1985, ch. 460, § 1] 

§ 37-5-33. [Codes, 1942, § 6274-07; Laws, 1953, Ex Sess ch. 16, § 7] 

§ 37-5-35. [Codes, 1930, § 6844; 1942, § 6673; Laws, 1928, Ex Sess ch. 34; 
1930, ch. 278] 

§ 37-5-37. [Codes, 1930, § 6789; 1942, § 6632; Laws, 1924, ch. 283; 1930, 
ch. 278; 1934, ch. 264] 

§ 37-5-39. [Laws, 1973, ch. 415, § 1] 

§ 37-5-41. [Laws, 1974, ch. 355; 1985, ch. 474, § 46; 1986, ch. 438, § 12] 

Editor's Note — Former § 37-5-21 provided for compensation of members of the 
county board of education. 

Former § 37-5-23 pertained to bonding of the county board of education. 

Former § 37-5-25 related to the recording of votes of members of the county board of 
education. 

Former § 37-5-27 related to meetings of a county board of education. 

Former § 37-5-29 related to the general powers and duties of county boards of 
education. 

Former § 37-5-31 related to control of school funds by county boards of education. 

Former § 37-5-33 permitted a county board of education to act as a central 
purchasing agency. 

Former § 37-5-35 permitted a county board of education to set up and operate 
orphanage public schools. 

Former § 37-5-37 authorized a county board of education to establish schools for 
Indians. 

Former § 37-5-39 authorized school boards to turn recreational areas under their 
control over to county boards of supervisors or municipalities during the summer 
months. 

Former § 37-5-41 authorized county boards of education and all public school boards 
of education to purchase liability insurance to cover their official actions. 

COUNTY SUPERINTENDENTS OF EDUCATION 

Sec. 

37-5-61. Creation; functions generally; election and term of office. 

37-5-63. Establishment of position as appointive office. 

37-5-65. Reestablishment of position as elective office. 

37-5-67. Authorization of appointment of county superintendent by county board 

of education in certain counties. 
37-5-69. Abolition of office in certain counties; exception of certain counties from 

provisions concerning choosing of superintendent. 
37-5-71. Selection and qualifications of superintendent; persons disqualified 

from participating in election of superintendent. 
37-5-73. Repealed. 

37-5-75. Filling of vacancy in office. 

37-5-77 through 37-5-105. Repealed. 

141 



37-5-61 



Education 



37-5-61. 
office. 



Creation; functions generally; election and term of 



(1) There shall be a county superintendent of education in each county. 

(2) Said superintendent shall serve as the executive secretary of the 
county board of education, but shall have no vote in the proceedings before the 
board and no voice in fixing the policies thereof. 

(3) In addition, said superintendent shall be the director of all schools in 
the county outside the municipal separate school districts. 

(4) Said superintendent shall be elected at the same time and in the same 
manner as other county officers are elected and shall hold office for a term of 
four years. 

SOURCES: Codes, 1942, §§ 6271-08, 6271-10, 6274-05; Laws, 1953, Ex Sess ch. 10, 
§§ 8, 10; ch. 16, § 5; Laws, 1954, ch. 275; Laws, 1958, ch. 297; Laws, 1960, ch. 
308, § 3; Laws, 1962, chs. 344, 345, 346; Laws, 1966, ch. 406, § 1; ch. 407, § 1; 
Laws, 1968, ch. 384, § 1; ch. 398, § 1; ch. 399; Laws, 1970, ch. 372, § 1, eff 
from and after passage (approved April 1, 1970). 

Cross References — Constitutional authorization of office of county superintendent 
of public education, see Miss. Const. Art. 8, § 204. 

Grounds and procedure for removal of county superintendent, see § 37-1-7. 

Certain counties excepted from the provisions of subsections (1) and (4) of this 
section, see § 37-5-69. 

JUDICIAL DECISIONS 



1. In general. 

2. Relationship to other laws. 

1. In general. 

School Superintendent was liable, as 
well as county School Board members, for 
violating conflict of interest statute, al- 
though Superintendent was prohibited by 
statute from participating in decisions 
such as one underlying alleged conflict of 
interest in this case, because § 37-11-27 
names Superintendent as being among 
persons prohibited from making, autho- 
rizing, or entering any such contract; ad- 
ditionally, record reflected, without con- 
tradiction, that Superintendent did in fact 
execute contract and recommend payment 
of moneys under it. State ex rel. Pittman 
v. Ladner, 512 So. 2d 1271 (Miss. 1987). 

2. Relationship to other laws. 

Section 5 of the Voting Rights Act of 
1965 (42 USCS § 1973c) is applicable to 



the 1966 amendment of this section [Code 
1942, § 6271-08], and approval of that 
amendment cannot be implemented until 
the approval of the Attorney General of 
the United States has been obtained. 
Allen v. State Bd. of Elections, 393 U.S. 
544, 89 S. Ct. 817, 22 L. Ed. 2d 1 (1969). 
Section 5 of the Federal Voting Rights 
Act of 1965 [42 USCS § 1973c] which 
prevents the enforcement of "any voting 
qualification or prerequisite to voting, or 
standard, practice or procedure with re- 
spect to voting" different from that in 
effect on Nov. 1, 1964, unless the state of 
political subdivision complies with one of 
the section's approval procedures, applied 
to the 1966 amendment to this section 
[Code, 1942, § 6271-08] providing that in 
11 specified counties the county superin- 
tendent of education should be appointed 
by the board of education. Allen v. State 
Bd. of Elections, 393 U.S. 544, 89 S. Ct. 
817, 22 L. Ed. 2d 1 (1969). 



142 



County Boards & Superintendents § 37-5-63 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 59 Federal Education Laws and Regula- 

et seq. tions (Michie). 

CJS. 78 C.J.S., School and School Dis- Vacca and Bosher, Law and Education: 

tricts §§ 93 et seq. Contemporary Issues and Court Decisions 

Law Reviews. Mississippi and the Vot- (Matthew Bender), 

ing Rights Act: 1965-1982. 52 Miss. L. J. RapP) Education Law (Matthew 

803, December 1982. Bender). 

Practice References. Mississippi 
School Laws Annotated (Michie). 

§ 37-5-63. Establishment of position as appointive office. 

Notwithstanding the provisions of Section 37-5-61, the office of county 
superintendent of education may be made appointive in any county in the 
manner herein provided. Upon the filing of a petition signed by not less than 
twenty percent of the qualified electors of such county, it shall be the duty of 
the board of supervisors of such county, within sixty days after the filing of 
such petition, to call a special election at which there shall be submitted to the 
qualified electors of such county the question of whether the office of county 
superintendent of education of said county shall continue to be elective or shall 
be filled by appointment by the county board of education of said county. 
However, where a Class 3 county having an area in excess of eight hundred 
twenty-five square miles has a county unit school system comprising less than 
an entire county, the petition shall only be signed by electors residing within 
the county unit school district and only electors of said district shall vote on the 
proposition of appointing the county superintendent of education. 

The order calling such special election shall designate the date upon which 
same shall be held and a notice of such election, signed by the clerk of the board 
of supervisors, shall be published once a week for at least three consecutive 
weeks in at least one newspaper published in such county. The first publication 
of such notice shall be made not less than twenty-one days prior to the date 
fixed for such election and the last publication shall be made not more than 
seven days prior to such date. If no newspaper is published in such county then 
such notice shall be given by publication of same for the required time in some 
newspaper having a general circulation in such county and, in addition, by 
posting a copy of such notice for at least twenty-one days next preceding such 
election at three public places in such county, one of which shall be at the door 
of the county courthouse in each judicial district. 

Said election shall be held, as far as is practicable, in the same manner as 
other elections are held in such county and all qualified electors of the county 
may vote therein. If a majority of such qualified electors who vote in such 
election shall vote in favor of the appointment of the county superintendent of 
education by the county board of education then, at the expiration of the term 
of the county superintendent of education then in office, the county superin- 
tendent of education of said county shall not be elected but shall thereafter be 
appointed by the county board of education for a term of not more than four 
years; otherwise, said office shall remain elective. 

143 



§ 37-5-65 Education 

No special election shall be held in any county under the provisions of this 
section more often than once in every four years, and no change from the 
elective to the appointive method of the selection of the county superintendent 
of education shall become effective except at the expiration of the term of the 
county superintendent of education in office at the time such election is held. 

SOURCES: Codes, 1942, § 6271-08; Laws, 1953, Ex Sess ch. 10, § 8; Laws, 1962, 
chs. 344, 345, 346; Laws, 1966, ch. 406, § 1; Laws, 1968, ch. 384, § 1; ch. 398, 
§ 1; Laws, 1970, ch. 372, § 1, eff from and after passage (approved April 1, 
1970). 

Cross References — Constitutional authorization of office of county superintendent 
of public education, see Miss. Const Art. 8, § 204. 

Certain counties excepted from the provisions of this section, see § 37-5-69. 

JUDICIAL DECISIONS 

1. In general. ification or prerequisite to voting, or stan- 

Section 5 of the Voting Rights Act of dard, practice or procedure with respect to 

1965 (42 USC § 1973c) is applicable to the voting" different from that in effect on 

1966 amendment of this section [Code Nov. 1, 1964, unless the state or political 
1942, § 6271-08], and approval of that subdivision complies with one of the sec- 
amendment cannot be implemented until tion's approval procedures, applied to the 
the approval of the Attorney General of 1966 amendment to this section [Code 
the United States has been obtained. 1942, § 6271-08] providing that in 11 
Allen v. State Bd. of Elections, 393 U.S. specified counties the county superinten- 
544, 89 S. Ct. 817, 22 L. Ed. 2d 1 (1969). dent of education should be appointed by 

Section 5 of the Federal Voting Rights the board of education. Allen v. State Bd. 
Act of 1965 [42 USC § 1973c] which pre- of Elections, 393 U.S. 544, 89 S. Ct. 817, 
vents the enforcement of "any voting qual- 22 L. Ed. 2d 1 (1969). 

RESEARCH REFERENCES 

ALR. Application of requirement that Am Jur. 68 Am. Jur. 2d, Schools § 60. 
newspaper be locally published for official CJS. 78 C.J. S., Schools and School Dis- 
notice publication. 85 A.L.R.4th 581. tricts § 94. 

§ 37-5-65. Reestablishment of position as elective office. 

Where the office of county superintendent, of education has been made 
appointive under the provisions of Section 37-5-63, the same may thereafter be 
made elective in such county by a petition filed and election held in the same 
manner provided in said section, all of the provisions of which shall be 
applicable to such proceedings. Where such change is made from the appoint- 
ive method back to the elective method the same shall become effective at the 
date for the commencement of the term of office of other county offices next 
succeeding such election, and the county superintendent of education of such 
county shall be elected at the preceding election at the same time and in the 
same manner as other county officers are elected. Nothing herein shall be 
construed, however, to authorize the calling of a special election under any of 
the provisions of this section more often than once in any four years. 

144 



County Boards & Superintendents § 37-5-67 

SOURCES: Codes, 1942, § 6271-08; Laws, 1953, Ex Sess ch. 10, § 8; Laws, 1962, 
chs. 344, 345, 346; Laws, 1966, ch. 406, § 1; Laws, 1968, ch. 384, § 1; ch. 398, 
§ 1; Laws, 1970, ch. 372, § 1, eff from and after passage (approved April 1, 
1970). 

Cross References — Certain counties excepted from the provisions of this section, 
see § 37-5-69. 

JUDICIAL DECISIONS 

1. In general. ification or prerequisite to voting, or stan- 

Section 5 of the Voting Rights Act of dard, practice or procedure with respect to 

1965 (42 USC § 1973c) is applicable to the voting" different from that in effect on 

1966 amendment of this section [Code Nov 1, 1964, unless the state or political 
1942, § 6271-08], and approval of that subdivision complies with one of the sec- 
amendment cannot be implemented until tion's approval procedures, applied to the 
the approval of the Attorney General of 1966 amendment to this section [Code 
the United States has been obtained. 1942, § 6271-08] providing that in 11 
Allen v. State Bd. of Elections, 393 U.S. specified counties the county superinten- 
544, 89 S. Ct. 817, 22 L. Ed. 2d 1 (1969). dent of education should be appointed by 

Section 5 of the Federal Voting Rights the board of education. Allen v. State Bd. 
Act of 1965 [42 USC § 1973c] which pre- of Elections, 393 U.S. 544, 89 S. Ct. 817, 
vents the enforcement of "any voting qual- 22 L. Ed. 2d 1 (1969). 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools § 60. 
CJS. 78 C.J.S., Schools and School Dis- 
tricts § 94. 

§ 37-5-67. Authorization of appointment of county superin- 
tendent by county board of education in certain counties. 

The county superintendent of education shall be appointed by the county 
board of education: 

(a) In any county of the first class lying wholly within a levee district 
and within which there is situated a city of more than forty thousand 
population according to the last federal decennial census; 

(b) In any county bordering on the Gulf of Mexico or Mississippi Sound, 
having therein a test facility operated by the National Aeronautics and 
Space Administration; 

(c) In any county bordering on the Alabama state line, traversed by the 
Tombigbee River, and in which is situated a senior institution of higher 
learning; 

(d) In any county of the second class wherein Interstate Highway 55 
and State Highway 22 intersect and which is also traversed in whole or in 
part by U. S. Highways 49 and 51, and State Highways 16, 17 and 43 and the 
Natchez Trace; 

(e) In any Class 4 county having population in excess of twenty-five 
thousand according to the 1960 federal census, traversed by U. S. Highway 
55 and wherein State Highways 12 and 17 intersect; 

145 



§ 37-5-67 Education 

(f) In any county created after 1916 through which the Yazoo River 
flows; 

(g) In any Class 4 county having a land area of six hundred ninety-five 
square miles, bordering on the State of Alabama, wherein the Treaty of 
Dancing Rabbit was signed and wherein U. S. Highway 45 and State 
Highway 14 intersect; 

(h) In any county bordering on the Mississippi River wherein lies the 
campus of a land-grant institution or lands contiguous thereto owned by the 
institution; 

(i) In any county lying within the Yazoo-Mississippi Delta Levee Dis- 
trict, bordering upon the Mississippi River, and having a county seat with a 
population in excess of twenty-one thousand according to the federal census 
of 1960; 

(j) In any Class 3 county wherein is partially located a national forest 
and wherein U. S. Highway 51 and State Highway 28 intersect, with a 1960 
federal census of twenty-seven thousand fifty-one and a 1963 assessed 
valuation of sixteen million six hundred ninety- two thousand three hundred 
four dollars ($16,692,304.00); and 

(k) In any Class 1 county wherein U. S. Highway 49 and State Highway 
16 intersect, having a land area in excess of nine hundred thirty square 
miles. 

SOURCES: Codes, 1942, § 6271-08; Laws, 1953, Ex Sess ch. 10, § 8; Laws, 1962, 
chs. 344, 345, 346; Laws, 1966, ch. 406, § 1; Laws, 1968, ch. 384, § 1; ch 398, 
§ 1; Laws, 1970, ch. 372, § 1, eff from and after passage (approved April 1, 
1970). 

Cross References — Constitutional authorization of office of county superintendent 
of public education, see Miss. Const. Art. 8, § 204. 

Certain counties excepted from the provisions of this section, see § 37-5-69. 

JUDICIAL DECISIONS 

1. In general. ification or prerequisite to voting, or stan- 

Section 5 of the Voting Rights Act of dard, practice or procedure with respect to 

1965 (42 USC § 1973c) is applicable to the voting" different from that in effect on 

1966 amendment of this section [Code Nov. 1, 1964, unless the state or political 
1942, § 6271-08], and approval of that subdivision complies with one of the sec- 
amendment cannot be implemented until tion's approval procedures, applied to the 
the approval of the Attorney General of 1966 amendment to this section [Code 
the United States has been obtained. 1942, § 6271-08] providing that in 11 
Allen v. State Bd. of Elections, 393 U:S. specified counties the county superinten- 
544, 89 S. Ct. 817, 22 L. Ed. 2d 1 (1969). dent of education should be appointed by 

Section 5 of the Federal Voting Rights the board of education. Allen v. State Bd. 
Act of 1965 [42 USC § 1973c] which pre- of Elections, 393 U.S. 544, 89 S. Ct. 817, 
vents the enforcement of "any voting qual- 22 L. Ed. 2d 1 (1969). 



146 



County Boards & Superintendents § 37-5-69 

ATTORNEY GENERAL OPINIONS 

Since the amendments to this section changing from elected to appointed super- 
provided for by Chapter 406 of Laws of intendents of education in certain coun- 
1966, Chapters 384 and 398 of Laws of ties ever be approved by said department, 
1968, and Chapter 372 of Laws of 1972 such offices would, become appointive 
were never approved pursuant to Section upon the expiration of the then current 
5 of the Voting Rights Act of 1965, they terms of the affected elected superinten- 
cannot be in effect; therefore, the office of dents. Seal, Apr. 23, 2004, A.G. Op. 04- 
superintendent of education of Hancock 0166. 

County, which county is covered by sub- Should provisions, such as those con- 
section (b) of this section, remains an tained in this section, be approved under 
elective office. Bourgeois, Nov. 5, 1995, Section 5 of the Voting Rights Act, no 
A.G. Op. #95-0748. election would be required to effectuate a 

Should provisions, such as those con- change from elected to appointed superin- 

tained in this section, pending before the tendents in the affected counties. Seal, 

U.S. Department of Justice that mandate Apr. 23, 2004, AG. Op. 04-0166. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools § 60. 
CJS. 78 C.J.S., Schools and School Dis- 
tricts § 94. 

§ 37-5-69. Abolition of office in certain counties; exception of 
certain counties from provisions concerning choosing of 
superintendent. 

In any county organizing a countywide municipal separate school district 
after the first day of January, 1965, the office of county superintendent of 
education is hereby abolished. There is excepted from the provisions of 
subsections (1) and (4) of Section 37-5-61, Sections 37-5-63 through 37-5-67, 
subsection (1) of Section 37-5-73, and Section 37-5-75, any county of the first 
class which has a land area of less than four hundred fifty square miles, and 
has located therein a municipality of more than fifteen thousand population, 
according to the 1950 federal decennial census. 

SOURCES: Codes, 1942, § 6271-08; Laws, 1953, Ex Sess ch. 10, § 8; Laws, 1962, 
chs. 344, 345, 346; Laws, 1966, ch. 406, § 1; Laws, 1968, ch. 384, § 1; ch. 398, 
§ 1; Laws, 1970, ch. 372, § 1, eff from and after passage (approved April 1, 
1970). 

Editors Note — Section 37-5-73 referred to in this section was repealed by Laws of 
1986, ch. 492, § 84, eff from and after July 1, 1987. 

Cross References — Constitutional authorization for abolition of office of county 
superintendent of education, see Miss. Const. Art. 8, § 204. 

RESEARCH REFERENCES 
Am Jur. 68 Am. Jur. 2d, Schools § 60. 



147 



§ 37-5-71 Education 

§ 37-5-71. Selection and qualifications of superintendent; per- 
sons disqualified from participating in election of superin- 
tendent. 

(1) The county superintendents of education shall be elected in the 
manner prescribed by the provisions of this chapter, unless such office be made 
appointive as provided in this chapter, in which case the county superinten- 
dent shall be appointed by the county board of education or by the trustees of 
a separate school district embracing an entire county with a population of 
fifteen thousand (15,000) or less, as provided in subsection (2) of Section 
37-7-203. In all cases he shall have such qualifications as prescribed by Section 
37-9-13 and receive such compensation as established under Section 37-9-37. 

(2) All qualified electors residing within any municipal separate or special 
municipal separate school district shall not vote in the election for the county 
superintendent of education: 

(a) In all counties of the second class which have a population, accord- 
ing to the 1960 federal decennial census of at least thirty-three thousand 
(33,000) and less than thirty-four thousand (34,000), and having a city 
located therein which is the Southern Division of the A.T. S.F. Railroad 
Company; 

(b) In all counties of the fourth class which have a population, according 
to the 1960 federal decennial census, in excess of twenty-six thousand 
(26,000) and less than twenty-seven thousand (27,000), and having located 
therein the Mississippi State University of Agriculture and Applied Science; 

(c) In all counties of the first class which have a population, according 
to the 1960 federal decennial census, in excess of forty-six thousand (46,000) 
and less than forty-seven thousand (47,000), and having located therein the 
Mississippi University for Women; 

(d) In any county bordering on the Mississippi Sound and having a 
population in excess of one hundred thousand (100,000), according to the 
1960 federal decennial census, and having an assessed valuation in excess of 
Seventy Million Dollars ($70,000,000.00); 

(e) In any county having a population in excess of eight thousand 
(8,000) and less than nine thousand (9,000), and having an assessed 
valuation in excess of Five Million Dollars ($5,000,000.00) but less than Six 
Million Dollars ($6,000,000.00) in 1960; 

(f) In any county having a population in excess of twenty-two thousand 
(22,000) and less than twenty-three thousand (23,000) in 1960, and having 
a total assessed valuation in excess of Thirteen Million Dollars 
($13,000,000.00) in 1960; 

(g) In any county having a population in excess of fifty-nine thousand 
(59,000) but less than sixty thousand (60,000), according to the 1960 federal 
decennial census; 

(h) In any county bordered on the east by the Alabama line and on the 
south by the Mississippi Sound; 

(i) In any county where Mississippi Highway 35 crosses U.S. Highway 
80 and whose population, according to the 1960 regular census, was between 

148 



County Boards & Superintendents § 37-5-71 

twenty-one thousand (21,000) and twenty-two thousand (22,000), and in 
which there are located four (4) or more chicken packing plants, one (1) 
zipper plant and one or more factories manufacturing Sunbeam electrical 
appliances; 

(j) In any county having a population of twenty-six thousand one 
hundred ninety-eight (26,198) according to the 1970 census wherein High- 
ways 51 and 84 intersect; 

(k) In any county having a municipal separate school district lying 
therein, having a population in excess of twenty-one thousand (21,000) but 
less than twenty-one thousand five hundred (21,500), according to the 1960 
decennial census, and having a combined assessed valuation in 1963 in 
excess of Sixteen Million Nine Hundred Thousand Dollars ($16,900,000.00) 
but less than Seventeen Million Dollars ($17,000,000.00) according to the 
State Tax Commission's compilation; 

(I) In any county where Mississippi Highway 15 crosses Mississippi 
Highway 16, whose population was more than twenty thousand (20,000) and 
less than twenty-one thousand (21,000), according to the regular 1960 
census, and within which there is located a Choctaw Indian reservation and 
school operated by the United States government; 

(m) In any county where U.S. Highway 45W Alternate intersects 
Mississippi Highway 50, and having a population of eighteen thousand nine 
hundred thirty-three (18,933), according to the 1960 federal census; 

(n) In any county having a population in excess of forty thousand five 
hundred (40,500), according to the 1960 federal decennial census, wherein 
U.S. Highways 78 and 45 intersect, and wherein there is a United States fish 
hatchery; 

(o) In any county being traversed by Mississippi Highway 15 and U.S. 
Interstate Highway 20; 

(p) In all counties wherein there is located a national military park and 
a national cemetery; 

(q) In any county where U.S. Highway 82 crosses U.S. Interstate 
Highway 55 and having a population of twelve thousand three hundred 
eighty-seven (12,387) according to the 1990 federal decennial census; 

(r) In any county where U.S. Highway 49E and U.S. Highway 82 
intersect, and having a population of thirty-seven thousand three hundred 
forty-one (37,341) according to the 1990 federal decennial census; 

(s) In any county bordering the Mississippi River on the west and with 

a population of less than thirty-one thousand (31,000), according to the 2000 

federal decennial census, and with a county seat in which U.S. Highway 49 

and U.S. Highway 61 intersect. 

In any such county, however, the county superintendent of education may 

be a resident of a municipal separate school district or special municipal 

separate school district. 

(3) The qualified electors residing within the municipal separate school 
districts shall not participate in the election of the county superintendent of 
education: 

149 



§ 37-5-71 Education 

(a) In any county having a population of more than twenty-seven 
thousand (27,000) and less than twenty-eight thousand (28,000) and con- 
taining therein a municipality having a population in excess of three 
thousand (3,000), according to the 1960 federal decennial census; 

(b) In any Class 1 county wherein is located a state-supported univer- 
sity and a National Guard camp, and in which Interstate Highway 59 and 
U.S. Highway 49 intersect; 

(c) In any Class 4 county having two (2) judicial districts, wherein is 
partially located a national forest, and wherein Mississippi Highways 8 and 
15 intersect; 

(d) In any Class 2 county, the southern boundary of which partially 
borders on the State of Louisiana, traversed by U.S. Highway 98 which 
intersects Mississippi Highway 13, with a land area of five hundred fifty 
(550) square miles and having a population of twenty-three thousand two 
hundred ninety-three (23,293) in the 1960 federal decennial census; 

(e) In any county bordering on the Gulf of Mexico or the Mississippi 
Sound having therein a test facility operated by the National Aeronautics 
and Space Administration; 

(f) In any county having a population in excess of twenty-seven thou- 
sand one hundred seventy-nine (27,179) according to the 1970 federal 
decennial census, wherein U.S. Highways 45 and 72 intersect; and 

(g) In any Class 1 county bordering on the Pearl River in which U.S. 
Highway 80 intersects Mississippi Highway 18 and having a population, 
according to the federal decennial census of 1970, of forty-three thousand 
nine hundred thirty-three (43,933). 

(4) The county superintendent of education, with the approval of the 
county board of education by its first having adopted a resolution of approval 
and spread upon its minutes, shall be elected from the county at large, 
exclusive of the municipal separate school district boundaries: 

(a) In any county bordering on the State of Tennessee having a land 
area of seven hundred ten (710) square miles, wherein is located part of a 
national forest, and wherein U.S. Highway 78 and Mississippi Highway 7 
intersect; 

(b) In any Class 4 county wherein is located the state's oldest state- 
supported university, in which Mississippi Highways 6 and 7 intersect; and 

(c) In any county having a population in excess of seventeen thousand 
(17,000) and less than eighteen thousand (18,000), according to the 1970 
federal decennial census, wherein Mississippi Highways 6 and 9 intersect. 

(5) In any county having a municipality of between forty-nine thousand 
(49,000) and fifty thousand (50,000) population according to the 1960 federal 
census, and adjoining the Alabama line, wherein U.S. Highways 80 and 45 
intersect, the qualified electors residing within any municipal separate school 
district shall not participate in the election of the county superintendent of 
education, and such county superintendent of education shall not be a resident 
of a municipal separate school district. 

(6) In any county traversed by the Natchez Trace Parkway wherein U.S. 
Highway 45 and Mississippi Highway 4 intersect and having a population of 

150 



County Boards & Superintendents § 37-5-73 

seventeen thousand nine hundred forty-nine (17,949) according to the 1960 
federal census, the qualified electors residing within any municipal separate 
school district shall not participate in the election of the county superintendent 
of education, and such county superintendent of education shall not be a 
resident of a municipal separate school district. 

SOURCES: Laws, 1978, ch. 412, § 1; Laws, 1980, ch. 398, § 1; Laws, 1981, ch. 317, 
§ 1; Laws, 1992, ch. 396 § 2; Laws, 2000, ch. 506, § 1; Laws, 2006, ch. 552, § 1, 
eff from and after July 1, 2006. 

Editor's Note — The United States Attorney General, by letter dated August 11, 
2000, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the 
amendment of this section by Laws of 2000, ch. 506, § 1. 

Amendment Notes — The 2006 amendment added (2)(s). 

Cross References — Residency requirements of electors of county boards of 
education generally, see § 37-5-3. 

ATTORNEY GENERAL OPINIONS 

If a School District is not a municipal for the office of county superintendent of 

separate or special municipal separate education provided the county board of 

school district then while the resident education has in fact adopted a resolution 

voters of the municipal separate and spe- of approval of such method of election for 

cial municipal separate school districts that office; if the board has not adopted 

are prevented from voting in the superin- the required resolution, a qualified elector 

tendent of education election by subsec- and resident of the school district could be 

tion (2)(a) of this section, there is no * candidate for the office of superinten- 

prohibition against the County voters who dent of education provided he or she meets 

reside within that School District voting f fT^AP £ ™* ™?" 

in the election. Chamberlin, February 1 ^"^ \> 2 f °° 3 ' VV^ *^ 11Q ; 

inn , a r> r\ ^nc a/mo Qualified electors of Holmes County 

1995, A.G. Op. #95-0018. ^ ■, ..,. .* • • i / 

'.-. ., , ' who reside within the municipal separate 

An interim superintendent of educa- school district are statutorily entitled to 

tion, whether elected or appointed, must vote in the election of the county superin- 

be a county resident and must meet the tendent of education. Hart, July 7, 2003, 

same qualifications provided for in Miss. A.G. Op. 03-1313. 

Code Section 37-9-13 for other superinten- Residents of the Yazoo City Municipal 

dents. Johnson, Aug. 8, 1997, A.G. Op. School District are not permitted to vote 

#97-0227. in any election for the Superintendent of 

A qualified elector and resident of the Education for the Yazoo County School 

municipal separate school district in District. Clark, Oct. 31, 2003, A.G. Op. 

Pontotoc County may not be a candidate 03-0565. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools § 60. 
CJS. 78 C.J.S., Schools and School Dis- 
tricts § 94. 

§ 37-5-73. Repealed. 

Repealed by Laws, 1986, ch. 492, § 84, eff from and after July 1, 1987. 



151 



§ 37-5-75 Education 

[Codes, 1942, §§ 6271-08, 6271-09; Laws, 1953, Ex Sess ch. 10, §§ 8, 9; 
1957, Ex Sess ch. 14; 1962, chs. 344, 345, 346; 1966, ch. 406, § 1; 1968, ch. 384, 
§ 1; ch 398, § 1; 1970, ch. 372, § 1] 

Editor's Note — Former § 37-5-73 related to qualifications of a superintendent. For 
present similar provisions, see §§ 37-5-71, 37-9-13. 

§ 37-5-75. Filling of vacancy in office. 

If a vacancy shall occur in the office of county superintendent of education, 
such vacancy shall be filled by appointment by the county board of education. 
If the unexpired term shall exceed six (6) months, it shall be the duty of the 
board of supervisors of the county to call a special election to fill such vacancy 
for such unexpired term, which said election shall be called and held in the 
manner provided by Section 23-15-839. In such case the person so appointed by 
the county board of education shall hold office only until such election is held 
and the person elected thereat shall qualify and enter upon the discharge of his 
duties. 

SOURCES: Codes, 1942, § 6271-08; Laws, 1953, Ex Sess ch. 10, § 8; Laws, 1962, 
chs. 344, 345, 346; Laws, 1966, ch. 406, § 1; Laws, 1968, ch. 384, § 1; ch. 398, 
§ 1; Laws, 1970, ch. 372, § 1; Laws, 2000, ch. 592, § 16, eff from and after 
July 28, 2000, the date the United States Attorney General interposed no 
objection under Section 5 of the Voting Rights Act of 1965 to the amend- 
ment of this section. 

Editor's Note — The United States Attorney General, by letter dated July 28, 2000, 
interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the 
amendment of this section by Laws of 2000, ch. 592, § 16. 

Cross References — Provisions providing that all public school districts have a 
common system of administration after July 1, 1987, see §§ 37-6-1 et seq. 

Certain counties excepted from the provisions of this section, see § 37-5-69. 

ATTORNEY GENERAL OPINIONS 

In the event of a superintendent va- elected, and if that term exceeds six 

cancy, the school board must appoint an months, the board of supervisors must call 

interim superintendent to fill the unex- for a special election to fill the vacancy, 

pired term or to serve until a successor is Johnson, Aug. 8, 1997, A.G. Op. #97-0227. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 64, CJS. 78 C. J.S., Schools and School Dis- 

65. , tricts § 97. 

§§ 37-5-77 through 37-5-105. Repealed. 

Repealed by Laws, 1986, ch. 492, § 84, eff from and after July 1, 1987. 
§ 37-5-77. [Codes, 1942, § 6252-02; Laws, 1953, Ex Sess ch. 19, § 2; 1955, 
Ex Sess ch. 54] 

§ 37-5-79. [Codes, 1942, § 6252-11; Laws, 1953, Ex Sess ch. 19, § 11] 

152 



County Boards & Superintendents § 37-5-105 

§ 37-5-81. [Codes, 1942, § 6252-03; Laws, 1953, Ex Sess ch. 19, § 3; 1962, 

ch. 339] 

§ 37-5-83. [Codes, 1942, § 6271-10; Laws, 1953, Ex Sess ch. 10, § 10; 

1954, ch. 275; 1958, ch. 297; 1960, ch. 308, § 3; 1966, ch. 407, § 1; 1968, ch. 

399; 1981, ch. 373, § 1] 

§ 37-5-85. [Codes, 1942, § 6252-02; Laws, 1953, Ex Sess ch. 19, § 2; 1955, 

Ex Sess ch. 54] 

§ 37-5-87. [Codes, 1942, § 6252-05; Laws, 1953, Ex Sess ch. 19, § 5] 
§ 37-5-89. [Codes, 1942, § 6252-12; Laws, 1953, Ex Sess ch. 19, § 12; 

1956, ch. 276; 1966, ch. 403, § 1] 

§ 37-5-91. [Codes, 1942, § 6252-07; Laws, 1953, Ex Sess ch. 19, § 7; 1954, 

ch. 276, § 1; 1964, 1st Ex Sess ch. 28, §§ 1-4; 1981, ch. 499, § 2] 

§ 37-5-93. [Codes, 1942, § 6252-07; Laws, 1953, Ex Sess ch. 19, § 7; 1954, 

ch. 276, § 1; 1964, 1st Ex Sess ch. 28, §§ 1-4; 1980, ch. 315] 

§ 37-5-95. [Codes, 1942, § 6274-05; Laws, 1953, Ex Sess ch. 16, § 5] 
§ 37-5-97. [Codes, 1942, § 6252-06; Laws, 1953, Ex Sess ch. 19, § 6] 
§ 37-5-99. [Codes, 1942, § 6252-08; Laws, 1953, Ex Sess ch. 19, § 8] 
§ 37-5-101. [Codes, 1942, § 6274-08; Laws, 1953, Ex Sess ch. 16, § 8] 
§ 37-5-103. [Codes, 1942, § 6252-09; Laws, 1953, Ex Sess ch. 19, § 9] 
§ 37-5-105. [Codes, 1942, § 6274-04; Laws, 1953, Ex Sess ch. 16, § 4; 

1977, ch. 376; 1985, ch. 460, § 2] 

Editor's Note — Former § 37-5-77 related to the bonding of a county superinten- 
dent of education. 

Former § 37-5-79 prohibited a county superintendent of education from teaching in 
any school while he was in office. 

Former § 37-5-81 pertained to the office and supplies for a county superintendent of 
education. 

Former § 37-5-83 contained provisions for compensation of a county superintendent 
of education. 

Former § 37-5-85 provided for the appointment of a warrant deputy county super- 
intendent of education. 

Former § 37-5-87 provided for the employment and compensation of school supervi- 
sors. 

Former § 37-5-89 pertained to the employment and compensation of clerical help in 
the office of the county superintendent of education. 

Former § 37-5-91 related to the general powers and duties of county superintendents 
of education. 

Former § 37-5-93 authorized a county superintendent of education to serve as a 
special fiscal officer. 

Former § 37-5-95 required a county superintendent of education to keep minutes of 
the county board of education. 

Former § 37-5-97 required a county superintendent of education to keep records of 
his official acts. 

Former § 37-5-99 required a county superintendent to submit special reports on the 
status of superintendents, principals and teachers. 

Former § 37-5-101 required a county superintendent of education to serve as the 
superintendent of a county-wide school district. 

Former § 37-5-103 provided for settlement of disputes and controversies arising in 
public schools of a county. 

Former § 37-5-105 required a county superintendent of education to maintain a 
record in his office styled the "Docket of Claims". 

153 



CHAPTER 6 
Mississippi Uniform School Law 

Sec. 

37-6-1. Short title. 

37-6-3. Application of chapter; definitions; construction of references to "admin- 

istrative superintendent". 

37-6-5. School district as political subdivision; name. 

37-6-7. School board as governing body. 

37-6-9. President and secretary of school board; quorum; minutes; voting or 

abstaining on questions. 

37-6-11. Regular meetings; special meetings. 

37-6-13. Per diem allowance; expenses and mileage; meeting attendance require- 

ments. 

37-6-15. Surety bond for school board member; premiums. 

§ 37-6-1. Short title. 

This chapter shall be known and may be cited as the "Mississippi Uniform 
School Law of 1986." 

SOURCES: Laws, 1986, ch. 492, § 1, eff from and after July 1, 1987. 

RESEARCH REFERENCES 

Practice References. Mississippi Contemporary Issues and Court Decisions 

School Laws Annotated (Michie). (Matthew Bender). 

Federal Education Laws and Regula- Rapp, Education Law (Matthew 

tions (Michie). Bender). 

Vacca and Bosher, Law and Education: 

§ 37-6-3. Application of chapter; definitions; construction of 
references to "administrative superintendent". 

(1) From and after July 1, 1987, all school districts in the State of 
Mississippi shall have the same prerogatives, powers, duties and privileges as 
provided in this chapter. 

(2) As used in this chapter, the term "school board" shall mean (a) the 
county board of education of any countywide school district in this state; and 
(b) the board of trustees of any municipal separate, special municipal separate, 
consolidated or line consolidated school district in this state. 

(3) As used in this chapter, the term "superintendent" or "superintendent 
of schools" shall mean (a) the county superintendent of education of any 
countywide school district in this state whose duties require the supervision of 
students; and (b) the superintendent of any municipal separate, special 
municipal separate, consolidated or line consolidated school district in this 
state. 

(4)(a) As used in this chapter, the term "administrative superintendent" 
shall mean those countywide school superintendents who do not supervise 

154 



Uniform School Law § 37-6-7 

any instructional facility or students and whose duties are prescribed in 
Section 37-9-16, Mississippi Code of 1972. 

(b) This subsection shall stand repealed from and after January 1, 
1992, and after such date all references to the "administrative superinten- 
dent" in this chapter shall be construed to mean the "superintendent" or 
"superintendent of schools" as denned in subsection (3) of this section. 

SOURCES: Laws, 1986, ch. 492, § 2; Laws, 1987, ch. 307, § 1, eff from and after 
passage (approved March 3, 1987). 

Editor's Note — Section 37-9-16, referred to in this section, was repealed by its own 
terms effective from and after January 1, 1992. 

Cross References — Applicability of this section to county boards of education, see 
§ 37-5-1. 

Applicability of this section to continuation or abolition of office of county superin- 
tendent of education, see § 37-9-12. 

Transfer of students in county having administrative superintendent, see § 37-15-31. 

Applicability of this section to a levy by the board of supervisors for the support of a 
special municipal separate school district, see § 37-57-105. 

Levy by board of supervisors of ad valorem tax for support of office of administrative 
superintendent, see § 37-57-105. 

ATTORNEY GENERAL OPINIONS 

Where part of a special separate munic- not have the authority to conduct elec- 

ipal school district is in one county, and tions for trustees of a municipal school 

school board member elections are held in board that is not located in that county, 

an adjoining county where the district Dedeaux, July 25, 1997, A.G. Op. #97- 

offices are located, the first county does 0302. 

RESEARCH REFERENCES 

Law Reviews. Dill, Education law ab- Vacca and Bosher, Law and Education: 
stract: a survey of prominent issues in Contemporary Issues and Court Decisions 
Mississippi's public schools. 13 Miss. C. L. (Matthew Bender). 
Rev. 337 (Spring, 1993). R app , Education Law (Matthew 

Practice References. Mississippi Bender). 
School Laws Annotated (Michie). 

Federal Education Laws and Regula- 
tions (Michie). 

§ 37-6-5. School district as political subdivision; name. 

Each school district in the state shall be a political subdivision with the 
name of the district being " School District." 

SOURCES: Laws, 1986, ch. 492, § 3, eff from and after July 1, 1987. 

§ 37-6-7. School board as governing body. 

Each school district shall be governed by a school board consisting of five 
(5) members, selected in the manner provided by law. 

155 



§ 37-6-9 



Education 



SOURCES: Laws, 1986, ch. 492, § 4, efT from and after July 1, 1987. 



JUDICIAL DECISIONS 



1. Authority of board where vacancy 
occurs. 

While school boards should not be al- 
lowed to operate indefinitely with less 
than 5 members, boards must be given a 
reasonable amount of time in which to 
find a suitable candidate; thus, a 4-mem- 



ber school board had the authority to 
approve a bond election and authorize the 
issuance of the bonds at a meeting which 
took place only 10 days after the fifth 
board member resigned. Shipman v. 
North Panola Consol. Sch. Dist., 641 So. 
2d 1106 (Miss. 1994). 



§ 37-6-9. President and secretary of school board; quorum; 
minutes; voting or abstaining on questions. 

The school board of all school districts shall organize by the election of a 
president and a secretary from its membership whose duty it shall be to make 
reports and to perform all other duties required by law. A majority of the 
members of the school board shall constitute a quorum for the transaction of 
business. Minutes shall be kept of all meetings of the school board showing (a) 
the members present and absent; (b) the date, time and place of the meeting; 
(c) an accurate recording of any final actions taken at such meeting; (d) a 
record by individual member of any votes taken at such meeting; and (e) any 
other information that the school board requests to be reflected in the minutes. 
Each member of the school board present shall either vote or abstain on every 
question upon which a vote is taken at such meeting. All action taken by a 
school board shall become official at the time it is taken. All minutes of the 
school board shall be signed by the president of the board, shall be attested by 
the secretary of the board and shall be adopted by the board at the next regular 
meeting, or within thirty (30) working days, whichever occurs later. 

SOURCES: Laws, 1986, ch. 492, § 5; Laws, 1987, ch. 307, § 2, eff from and after 
passage (approved March 3, 1987). 

JUDICIAL DECISIONS 



1. In general. 

2. Resolutions. 

1. In general. 

While the rules imposed by § 37-6-9 are 
not to be ignored, they do not require 
perfection; thus, a school board presi- 
dent's late signing of the minutes of a 
special board meeting, though a violation 
of § 37-6-9, did not invalidate the actions 
of the school board taken at that meeting. 
Shipman v. North Panola Consol. Sch. 
Dist., 641 So. 2d 1106 (Miss. 1994). 



2. Resolutions. 

Neither the fact that a final draft of a 
resolution calling for a bond election was 
not in front of the board when the resolu- 
tion was approved, nor the fact that a copy 
of the resolution was not entered into the 
minutes of the meeting, constituted error 
such that the actions of the board at the 
meeting should be invalidated. Shipman 
v. North Panola Consol. Sch. Dist., 641 So. 
2d 1106 (Miss. 1994). 



156 



Uniform School Law § 37-6-13 

ATTORNEY GENERAL OPINIONS 

There is no authority or obligation for minutes of former board meetings. Minor 
new board members or future replace- Sept. 16, 1993, A.G. Op. #93-0647. 
ment board members to sign and attest 

§ 37-6-11. Regular meetings; special meetings. 

The school boards of all school districts shall meet regularly at such time 
and at such place as shall be designated by an order entered upon the minutes 
thereof. Special meetings of such boards shall be held upon the call of the 
president thereof, or upon the call of a majority of the members thereof. 

SOURCES: Laws, 1986, ch. 492, § 6; Laws, 1987, ch. 307, § 3, eff from and after 
passage (approved March 3, 1987). 

ATTORNEY GENERAL OPINIONS 

Failure to post notice of a called special Meetings Act. However, this violation in 

meeting of a county school district board and of itself does not make the meeting a 

of trustees and failure to enter such notice nullity. Haynes, Mar. 5, 2004, A.G. Op. 

in the official minutes as required by § 04-0053. 
25-41-13(1) is a violation of the Open 

§ 37-6-13. Per diem allowance; expenses and mileage; meet- 
ing attendance requirements. 

(1) Each person serving as a member of the school board of any school 
district shall receive per diem in the amount of Sixty-seven Dollars ($67.00) for 
no more than thirty-six (36) meetings of the school board during any one (1) 
fiscal year or, in his or her discretion, irrevocably may choose to receive as 
compensation for his or her services an annual salary in the amount of Two 
Thousand Four Hundred Dollars ($2,400.00), which choice shall remain in 
force for all successive terms or periods of service of that member. The receipt 
of the compensation shall not entitle any member of a school board to receive 
or be eligible for any state employee group insurance, retirement or other 
fringe benefits. Each member shall be reimbursed for the necessary expenses 
and mileage in attending meetings of the school board. In addition to the 
foregoing, all members may be reimbursed for mileage and actual expenses 
incurred in the further performance of their duties, including attendance at 
any mandatory school board training session or at regional and national 
education meetings, when such mileage and other expenses are authorized by 
the board prior to the date on which they occur. Detailed vouchers shall be 
submitted for reimbursement for all expenses authorized by this section. Such 
reimbursement shall be in accordance with Section 25-3-41. 
Such expenses shall be paid on order of the school board by pay certificates 
issued by the superintendent of the school district involved against the funds 
available for payment of the administrative expense of the district. 

(2)(a) If a member of a school board misses twenty percent (20%) or more 
of the meetings of the school board during a calendar year, except for 

157 



§ 37-6-13 Education 

absences caused by required military duty, the member must reimburse the 
school district that portion of the total salary paid to the member that year 
which is proportionate to the number of meetings missed by the member in 
relation to the total number of school board meetings held during that year. 
For purposes of this subsection, consideration may be given only to meetings 
of which public notice is required. 

(b) Before February 1 of each year, the president of each local school 
board shall submit a report to the State Board of Education containing the 
names of any members of the school board who missed twenty percent (20%) 
or more of the school board meetings during the preceding calendar year. 

SOURCES: Laws, 1986, ch. 492, § 7; Laws, 1993, ch. 422, § 1; Laws, 1996, ch. 387, 
§ 1; Laws, 1996, ch. 550, § 1; Laws, 1997, ch. 553, § 1; Laws, 2002, ch. 470, § 1, 
eff July 2, 2002 (the date the United States Attorney General interposed no 
objection under Section 5 of the Voting Rights Act of 1965, to the amend- 
ment of this section.) 

Editor's Note — The United States Attorney General, by letter dated September 16, 
1996, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the 
amendment of this section by Laws of 1996, ch. 550, § 1. 

On July 14, 1997, the United States Attorney General interposed no objection under 
Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment 
of this section by Laws of 1997, ch. 553, § 1. 

The United States Attorney General, by letter dated July 2, 2002, interposed no 
objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this 
section by Laws of 2002, ch. 470. 

ATTORNEY GENERAL OPINIONS 

Travel expenses of school board mem- A school board trustee may elect 
bers are governed by Section 37-7-30 l(o) whether to receive compensation or not, 
and this section and a school board may and may, within a fiscal year, change that 
approve travel expenses of their member- election if funds permit; however, if a 
ship without the superintendent's recom- board member chooses to receive his com- 
mendation. Hand, February 1, 1995, A.G. pe nsation as salary, the decision as to the 
Op. #95-0008. manner of payment is irrevocable. Nelson, 

Assuming that there is a sufficient Jul 17 1998> A G 0p . #98-0383. 
amount remaining on hand at the end of A gchool board member who wag swom 

the fiscal year, and the school board orders and seated {n June f 1999 after & succesg _ 

the payment of per diem pursuant to this r , , ,, ,, ,. , , 

section, then per diem may be paid for the ^challenge to the preceding election, but 

preceding fiscal year. However, if a board dld not s ^ rve on the board from January to 

member fails to seasonably assert a right June as her seat was contested during this 

to payment he may not be paid for more P enod > could be P aid P er diem and ex " 

than the one preceding fiscal year. Adams, , penses for the month of June, but not for 

January 22, 1996, A.G. Op. #95-0867. the period from January to June. May- 

This section allows a school board mem- field, July 23, 1999, A.G. Op. #99-0353. 
ber to elect to be paid a salary instead of A meal may be provided in lieu of reim- 

per diem. There is no statutory deadline bursement in order to avoid disruption of 

by which this decision is to be made, business, if the school board determines 

However, if and when such an election is that such is a necessary and reasonable 

made, it is prospective in nature. Bordis, expense of a meeting. Bryant, July 30, 

November 1, 1996, A.G. Op. #96-0736. 1999, A.G. Op. #99-0380. 

158 



Uniform School Law 



§ 37-6-15 



Whether a meeting of the Congressional 
Black Caucus Political and Educational 
Leadership Institute is educational is a 
factual question which cannot be an- 
swered by way of an Attorney General's 
opinion; however, if the school board 
makes a determination, consistent with 
fact and subject to review by the State 
Auditor or a court of competent jurisdic- 
tion, that it is an educational meeting 
then it may approve the expenditure of 
funds for the attendance of members, as 



long as the requirements of this section 
and Section 37-7-30 l(o) have been met. 
Swanson, July 7, 2003, A.G. Op. 03-0330. 
A school board recessed meeting does 
require public notice pursuant to the 
Open Meetings Act and would be counted 
when determining whether a school board 
member missed more than 20% of the 
meetings of the school board during a 
calendar year. Hood, Feb. 13, 2004, A.G. 
Op. 04-0035. 



§ 37-6-15. Surety bond for school board member; premiums. 

(1) Before entering upon the discharge of the duties of his office, each 
member of the school board shall give a surety bond in the penal sum of Fifty 
Thousand Dollars ($50,000.00), with sufficient surety, to be payable, condi- 
tioned and approved in the manner provided by law. 

(2) The school board may execute a blanket surety bond for each school 
district official and employee (who receipts and/or disburses school district 
funds) in the penalty of Fifty Thousand Dollars ($50,000.00), unless a different 
penalty is prescribed by statute, to be payable, conditioned and approved in the 
manner provided by law. The premium on said bond shall be paid out of the 
school district maintenance fund. 

SOURCES: Laws, 1986, ch. 492, § 8; Laws, 1996, ch. 302, § 7, efffrom and after 
passage (approved March 4, 1996). 

ATTORNEY GENERAL OPINIONS 



A school district's responsibility for the 
payment of the premiums on the surety 
bonds of its members is for the amount 
that is necessary to obtain a good and 
sufficient bond; the district would not be 
required to bear the expense of that por- 
tion of a premium that is over and above 
the amount determined to be necessary to 
obtain a good and sufficient bond. Wyly, 
Jan. 10, 2003, A.G. Op. #02-0761. 

If the school board chooses not to obtain 
a blanket surety bond, an individual 
member could not be required to obtain 
his individual bond from a particular 
source; however, the member cannot le- 
gally obligate the school district to pay a 
premium over and above what is neces- 
sary to obtain a good and sufficient bond. 
Wyly, Jan. 10, 2003, A.G. Op. #02-0761. 



A school board member who obtains a 
surety bond at a cost that is over and 
above the cost of obtaining a good and 
sufficient bond would be required to pay 
the difference between the two. Wyly, Jan. 
10, 2003, A.G. Op. #02-0761. 

Section 25-1-33 applies to bonds given 
by a school board member pursuant to 
Section 37-6-15(1). Seal, Apr. 18, 2003, 
A.G. Op. 03-0170. 

Payment of a premium that is over and 
above what is necessary to acquire a good 
and sufficient bond as determined by a 
school board would be a waste of taxpay- 
ers' money. Seal, Apr. 18, 2003, A.G. Op. 
03-0170. 



159 



CHAPTER 7 
School Districts; Boards of Trustees of School Districts 

Article 1. Reorganization and Reconstitution of Districts. [Re- 

pealed] 

Article 3. Abolition, Alteration and Creation of Districts 37-7-101 

Article 5. Boards of Trustees; Qualifications, Selection and 

Meetings 37-7-201 

Article 7. Boards of Trustees; General Powers and Duties 37-7-301 

Article 8. Emergency School Leasing Authority 37-7-351 

Article 9. Acquisition and Disposition of District Property 37-7-401 

Article 11. Municipal Separate School Districts 
[Repealed] 

Article 13. Special Municipal Separate School Districts 37-7-701 

Article 15. Line School Districts 
[Repealed] 

Article 17. Isolated School Districts 
[Repealed] 

Article 1. 

Reorganization and Reconstitution of Districts 
[Repealed] . 

§§ 37-7-1 through 37-7-17. Repealed. 

Repealed by Laws, 1986, ch. 492, § 50, eff from and after July 1, 1987. 

§§' 37-7-1 through 37-7-17. [Codes, 1942, §§ 6328-01, 6328-02, 6328-04, 
6328-16, 6328-21, 6328-35 to 6328-39; Laws, 1953 Ex Sess, ch. 12, §§ 1, 2, 4; 
1953 Ex Sess, ch. 17, § 1; 1955 Ex Sess, ch. 66, § 5; 1956, ch. 267, §§ 1-5; 1956, 
ch. 273] 

Editor's Note — Former §§ 37-7-1 through 37-7-17 contained provisions concerning 
the reorganization and reconstitution of school districts. For present provisions relating 
to reorganization of school districts, see §§ 37-7-103 et seq. 

Article 3. 
Abolition, Alteration and Creation of Districts. 

Sec. 

37-7-101. Repealed. 

37-7-103. Abolition, reorganization or alteration of district by school board. 

37-7-105. Procedure for alteration of district boundaries or consolidation of school 

districts by school boards; effect of consolidation as to contracts and 
taxation. 

37-7-107. Abolition of school district pursuant to petition filed by electorate. 

37-7-109. Annexation of territory to different district or reorganization into new 

district pursuant to petition filed by electorate; effect upon outstanding 
bonds or other indebtedness. 

37-7-111. Effect of abolition or alteration of district upon bonds or other indebt- 

edness of district; territory of abolished district to be annexed to another 
district. 

160 



School Districts; Trustees § 37-7-103 

37-7-113. Approval of reorganization, abolition or alteration of school district by 

State Board of Education. 
37-7-115. Appeals from school board orders. 

37-7-117 and 37-7-119. Repealed. 

§ 37-7-101. Repealed. 

Repealed by Laws, 1986, ch. 492, § 59, eff from and after July 1, 1987. 
[Codes, 1942, § 6328-08; Laws, 1953, Ex Sess, ch. 12, § 8] 

Editor's Note — Former § 37-7-101 pertained to the abolition or reorganization of 
school districts by governing authorities of school districts. 

§ 37-7-103. Abolition, reorganization or alteration of district 
by school board. 

From and after July 1, 1987, the school board of any school district shall 
have full jurisdiction, power and authority, at any regular meeting thereof or 
at any special meeting called for that purpose, to abolish such existing district, 
or to reorganize, change or alter the boundaries of any such district. In 
addition thereto, with the consent of the school board of the school district 
involved, the school board may add to such school district any part of the school 
district adjoining same, and with the consent of the school board of the school 
district involved, may detach territory from such school district and annex 
same to an adjoining district. 

SOURCES: Codes, 1942, § 6274-06; Laws, 1953, Ex Sess, ch. 16, § 6; Laws, 1986, 
ch. 492, § 52, eff from and after July 1, 1987. 

JUDICIAL DECISIONS 

1. In general. wide district, and did not reorganize cor- 

2. School taxes. porate structure, and therefore §§ 37-7- 

1 , , 103 and 37-7-105 did not apply. Citizens 

" A n ^uv er V i u j i j .li xi x Involved Voluntarily In Consolidation 
A public school board had the authority (cmc) w c Bd rf Ed 

to consolidate schools within its district 5?4 go 2d 61 c, (Miss 19 / 0) 

and to reassign students en masse; the Section 37 . 7 . 105 merel establishes 

plan was not a reorganization of the i i • ., ,i . * u * • 

i* i j« a • a* i-i- • .Li. • r procedural requisites that must be met in 

school district withm the meaning of • , 7\ -, . r ^ 

s. orr n irnr o *.- nn n mr j -j. j.- carrying out the general grant of author- 

§ 37-7-105. Section 37-7-105 and its peti- j / ont S ained § 37-7-103 If, under § 37- 

tion, publication and referendum proce- ^ the gchool board decides « a . 

dures do not apply to everything the . , ,. ... , u , . , , ~ 

, t , j • t. j. i_ v i_ u nize, change or alter the boundaries of 

school board may wish to abolish, alter or ^ ^^ § ^ ireg ^ ft 

reorganize. Ihe statute applies only u v ^ ., . 7 ,. . j ■, 

u 4.-U u i u j « i ,• l i, publish its intention to do so and receive 

where the school board abolishes, alters .->• ? u - *. n^- t i j 

v. i j* j. > j.i» rra. petitions from objectors. Citizens Involved 

or reorganizes a school district. The f ri . ., T A ij *• sm\rrn\ 

u « u i j- 4. •!» • x ^ Voluntarily In Consolidation (CIVIC) v. 

phrase school district imports the geo- t 17 n^nj r ™j en a o oj 

^ i . i , . ^ J .T. JiiJ Wayne County Bd. of Educ, 574 So. 2d 

graphic boundaries of the district and «iq (M's 1990) 

perhaps the corporate organization or 

structure thereof. The school board's plan 2. School taxes. 

did not alter the existing structure of the Where a municipal separate school dis- 

school district, which remained a county- trict was reconstituted in accordance with 

161 



§ 37-7-105 



Education 



the law without any added territory, and 
thereafter the county school district was 
abolished and its territory accepted by 
and annexed to the municipal school dis- 
trict, all in strict accord with the relevant 
statutes, municipal authorities rather 



than county authorities were thereafter 
the proper parties to assess and collect 
school taxes throughout the county. Win- 
ston County ex rel. Bd. of Supvrs. v. Wood- 
ruff, 187 So. 2d 299 (Miss. 1966). 



ATTORNEY GENERAL OPINIONS 



There presently exists no statutory au- 
thority by which school board may split an 
existing district into two or more parts 
and thus create more school districts; 
however, electors of city desiring its own 
district may, pursuant to Section 37-7- 
109, initiate a petition to have it estab- 
lished as separate district. Willis, Jan. 27, 
1994, A.G. Op. #94-0029. 

Sections 37-7-103, 37-7-113 and 37-7- 
311 allow a school board to organize its 



schools so as to serve the best interests of 
the schools and ultimately the students, 
and to avoid unnecessary duplication. 
Where the actions of local school boards do 
nothing to alter the existing geographical 
features, boundaries, or corporate struc- 
ture of the school districts there is no 
necessity to seek State Board of Education 
approval. Burnham, February 15, 1995, 
A.G. Op. #95-0029. 



RESEARCH REFERENCES 



Am Jur. 68 Am. Jur. 2d, Schools §§ 34 
et seq. 

16A Am. Jur. Legal Forms 2d (Rev), 
Schools §§ 229.21 et seq. (creation, alter- 
ation, and dissolution of school districts). 

CJS.-78 C.J.S., Schools and School Dis- 
tricts §§ 18 et seq., 69 et seq. 



Practice References. Vacca and 
Bosher, Law and Education: Contempo- 
rary Issues and Court Decisions (Matthew 
Bender). 



§ 37-7-105. Procedure for alteration of district boundaries or 
consolidation of school districts by school boards; effect of 
consolidation as to contracts and taxation. 

(1) In cases where two (2) or more school boards determine that it is 
appropriate that their existing boundaries be altered to provide better service 
to students, each school board shall enter on its minutes the legal description 
of new district lines and shall publish the order altering such districts in some 
newspaper published and having a general circulation in such district(s) once 
each week for three (3) consecutive weeks, which said order shall be duly 
certified by the president of said school board. If no newspaper be published in 
said school district, then such order shall be published for the required time in 
some newspaper having a general circulation therein, and, in addition, a copy 
of said order shall be posted for the required time at three (3) public places in 
the school district. The order so published shall contain a provision giving 
notice that said order shall become final thirty (30) days after the first 
publication of said notice unless a petition is filed protesting against same 
within such time. In the event no such petition be filed, the said order shall 
become final at said time. However, in the event twenty percent (20%) or fifteen 
hundred (1500), whichever is less, of the qualified electors of any school district 



162 



School Districts; Trustees § 37-7-105 

altered by such order shall file a petition with the school board, within thirty 
(30) days after the first publication of said notice, protesting against the 
alteration of such district, then an election shall be called and held, on order of 
the school board, by the county election commission(s), after publication of 
legal notice of such election, which said election shall be held within thirty (30) 
days after the first publication of the notice of such election. At such election 
the question shall be submitted to the qualified electors of the district or 
districts in which a petition is filed as to whether or not such district or 
districts shall be altered as provided in the said order of the school board. If a 
majority of those voting in said election in each district affected and from 
which a petition is filed shall vote in favor of the order of the school board then 
such order shall become final. If a majority of those voting in said election in 
any district from which a petition is filed shall vote against the order of the 
school board then such order shall be void and of no effect and no further 
attempt to make the proposed change in such district shall be made for a 
period of at least two (2) years after the date of said election. 

(2) When the orders of all boards adopting the new lines have been 
entered and are final, all orders shall be submitted to and considered by the 
State Board of Education as prescribed in Section 37-7-113, Mississippi Code 
of 1972. If the new lines are approved by the State Board of Education, the new 
district lines shall be submitted to the Attorney General of the United States 
for preclearance or to the United States District Court for the District of 
Columbia for a declaratory judgment in accordance with the provisions of the 
Voting Rights Act of 1965, as amended and extended. In the event the change 
in the school district lines are either precleared by the United States Depart- 
ment of Justice, or approved by the United States District Court, the State 
Board of Education shall formally declare the new lines as the new boundaries 
of the school districts. 

(3) Should two (2) or more school districts determine that they wish to 
consolidate, the following actions shall be taken by the districts to perfect this 
consolidation: (a) Each board shall state its intent to consolidate with the other 
district or districts by passing a resolution of the board to that effect and 
spreading it on the minutes of the districts; and (b) each school board shall 
publish the order consolidating such districts in some newspaper having a 
general circulation in such district(s) once each week for three (3) consecutive 
weeks, which said order shall be duly certified by the president of said school 
board. The order so published shall contain a provision giving notice that said 
order shall become final thirty (30) days after the first publication of said notice 
unless a petition is filed protesting against same within such time. In the event 
no such petition be filed, the said order shall become final on said date. 
However, in the event twenty percent (20%) or fifteen hundred (1500), 
whichever is less, of the qualified electors of any one (1) of the school districts 
affected by the proposed consolidation shall file a petition with the applicable 
school board, within thirty (30) days after the first publication of said notice, 
protesting against the consolidation of such district or districts, then an 
election shall be called and held in such school districts where petitions were 

163 



§ 37-7-105 Education 

filed, on order of the school board, by the county election commission(s), after 
publication of legal notice of such election, which said election shall be held 
within thirty (30) days after the first publication of the notice of such election. 
At such election the question shall be submitted to the qualified electors of any 
district or districts in which petitions were filed as to whether or not such 
district or districts shall be consolidated as provided in the said order of the 
school boards. If a majority of those voting in said election shall vote in favor 
of the order of the school boards then such order shall become final. Should less 
than a majority of the electors of any single school district vote in favor of the 
adoption of the proposed consolidation, such school district shall not partici- 
pate in any voluntary consolidation as authorized in this subsection, and the 
proposed consolidation plan adopted by such districts shall be void. 

After the order of the local school boards becomes final, it shall be 
submitted to and considered by the State Board of Education. If approved by 
the State Board of Education, the consolidation shall be submitted by the local 
school boards to the appropriate federal agencies for approval. After all 
preclearance has been received, the State Board of Education shall declare the 
new boundaries of the consolidated school district and all action shall proceed 
as outlined under law using the new boundaries. 

Upon preclearance of such consolidation, all school boards shall approve a 
joint resolution for the election of five (5) new board members from single 
member districts as provided by law. These elections shall be scheduled prior 
to May 1 of the year in which the consolidation is to become effective. The new 
consolidated district shall become effective on July 1 of that same year. The 
superintendent of any district created through consolidation shall be ap- 
pointed if all of the school districts which are consolidating had previously 
appointed their superintendents. The superintendent of any district created 
through consolidation shall be elected if all of the school districts which are 
consolidating had previously elected their superintendents. In the event two 
(2) or more school districts consolidating under the provisions of this section 
shall have previously appointed one or more superintendents and elected the 
remainder, the superintendent shall be elected or appointed in accordance with 
the method utilized by the consolidating school district or districts with the 
larger or largest student populations. The superintendent shall begin work as 
the superintendent on July 1 of such year when the consolidation becomes 
effective. The order to consolidate shall invalidate the contracts of the 
superintendents of the preceding districts and shall terminate the term of the 
superintendent if that person was elected. The order to consolidate shall 
invalidate the term of any school board member beyond July 1 of that year 
whether they are elected or appointed. Any school board member from any 
school district may be eligible to run for election to the new consolidated school 
board. 

Each school board shall be responsible for establishing the contracts for 
teachers and principals for the next school year with the consultation of the 
successor school board if they have been selected at the time such decisions are 
to be made. The selection of administrator in the central administration office 

164 



School Districts; Trustees § 37-7-105 

shall be the responsibility of the successor school board. No existing dates for 
renewal of contracts shall invalidate the responsibility of the successor school 
board in taking such action. The successor school board may enter into these 
contracts at any time following their election, but no later than July 1 of that 
year. It shall also be the responsibility of the successor school board to prepare 
and approve the budget of the new district. The successor school board may use 
staff from the existing districts to prepare the budget. The school board shall 
have authority to approve the budget prior to the July 1 date and shall follow 
the time line established for budget preparation under the law. Should either 
district at the time of consolidation have more liabilities than assets, then the 
successor school board shall be authorized to levy an ad valorem tax upon the 
taxable property in the territory of the district where the deficit exists, a tax 
not to exceed five percent (5%) of the existing tax levy for the sole purpose of 
reducing the deficit. When the deficit is eliminated, then such tax levy shall be 
terminated. Any taxes levied to bring about the equalization of funding, to 
equalize pay scales or levied in the territory of a newly created district where 
a deficit exists, shall constitute a "new program" for the purposes of ad valorem 
tax limitations as prescribed in Sections 27-39-321 and 37-57-107, Mississippi 
Code of 1972. 

SOURCES: Codes, 1942, § 6274-06; Laws, 1953, Ex Sess, ch. 16, § 6; Laws, 1986, 
ch. 492, § 53, 1991, ch. 471, § 2, eff August 14, 1991 (the date the United 
States Attorney General interposed no objection under Section 5 of the 
Voting Rights Act of 1965 to the amendment of this section). 

Editor's Note — Laws of 1990, Chapter 589, § 47, amended this section effective 
July 1, 1990, provided that the Legislature, by concurrent resolution adopted by the 
House and Senate in session prior to July 1, 1990, declare that sufficient funds were 
dedicated and made available for the implementation of Chapter 589. However, funds 
were not made available by the Legislature prior to July 1, 1990, and by direction of the 
Office of the Attorney General of the State of Mississippi the amendatory provisions 
were not implemented. The text of the amendment can be found in the Advance Sheet 
Acts of the 1990 Legislative Session published by the Secretary of State's Office, 
Jackson, Mississippi. 

The United States Attorney General interposed no objection under Section 5 of the 
Voting Rights Act of 1965, to the amendment of this section by Laws of 1991, ch. 471, 
§ 2, on August 14, 1991. 

State Board of Education generally, see §§ 37-1-1 et seq. 

Federal Aspects — Section 5 of the Voting Rights Act of 1965, see 42 USCS § 1973c. 

JUDICIAL DECISIONS 

1. In general. school district" within the meaning of 

2. Relationship to other laws. § 37-7-105. Section 37-7-105 and its peti- 

3. — Section 37-7-103. tion, publication and referendum proce- 

dures do not apply to everything the 
1. In general. school board may wish to abolish, alter or 

A public school board had the authority reorganize. The statute applies only 
to consolidate schools within its district where the school board "abolishes, alters 
and to reassign students en masse; the or reorganizes a school district." The 
plan was not a "reorganization of the phrase "school district" imports the geo- 

165 



§ 37-7-107 



Education 



graphic boundaries of the district and 
perhaps the corporate organization or 
structure thereof. The school board's plan 
did not alter the existing structure of the 
school district, which remained a county- 
wide district, and did not reorganize cor- 
porate structure, and therefore §§ 37-7- 
103 and 37-7-105 did not apply. Citizens 
Involved Voluntarily In Consolidation 
(CIVIC) v. Wayne County Bd. of Educ, 
574 So. 2d 619 (Miss. 1990). 

2. Relationship to other laws. 

The general language of Code 1972 
§ 37-7-605 [repealed], providing that ad- 
ditional territory adjoining a municipal 
separate school district may be added to 
any municipal separate school district by 
the county board of education, presup- 
poses that the county board of education 
will comply with the requirements of Code 
1972 § 37-7-105 as to what the county 



board must do in order to tender "good 
title" to the territory which it is requesting 
be added to the municipal separate school 
district, including the requirement that 
the county board publish its order altering 
the district. Strong v. Pearl Mun. Separate 
Sch. Dist., 350 So. 2d 1388 (Miss. 1977). 

3. —Section 37-7-103. 

Section 37-7-105 merely establishes 
procedural requisites that must be met in 
carrying out the general grant of author- 
ity contained § 37-7-103. If, under § 37- 
7-103, the school board decides to "reorga- 
nize, change or alter the boundaries" of 
the district, § 37-7-105 requires that it 
publish its intention to do so and receive 
petitions from objectors. Petition of 2,952 
Registered Voters of Wayne County, In 
Opposition to Reorganization of Wayne 
County School Dist. (Miss. 1990) 574 So. 
2d 619 



RESEARCH REFERENCES 



ALR. Application of requirement that 
newspaper be locally published for official 
notice publication. 85 A.L.R.4th 581. 

Am Jur. 68 Am. Jur. 2d, Schools §§ 42 
et seq. 

CJS. 78 C.J.S., Schools and School Dis- 
tricts §§ 32 et seq., 70 et seq. 



Law Reviews. Miller, Who shall rule 
and govern? Local legislative delegations, 
racial politics, and the Voting Rights Act. 
102 Yale L. J. 105, October 1992. 



§ 37-7-107. Abolition of school district pursuant to petition 
filed by electorate. 

If a petition signed by two-thirds (%) of the qualified electors of an existing 
school district shall be filed with the school board requesting that such district 
be abolished, then the school board shall enter an order abolishing such school 
district. Such order shall become final without publication thereof upon such 
date as may be fixed by the school board but not later than July 1 next 
succeeding the date of such order. 

SOURCES: Codes, 1942, § 6274-06; Laws, 1953, Ex Sess, ch. 16, § 6; Laws, 1986, 
ch. 492, § 54, eff from and after July 1, 1987. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 42 CJS. 78 C.J.S., Schools and School Dis- 

et seq. tricts §§ 70 et seq. 

16A Am. Jur. Legal Forms 2d (Rev) 
Schools, § 229.31 (petition for dissolution 
schools district). 



166 



School Districts; Trustees § 37-7-109 

§ 37-7-109. Annexation of territory to different district or 
reorganization into new district pursuant to petition filed 
by electorate; effect upon outstanding bonds or other in- 
debtedness. 

If a petition signed by a majority of the qualified electors of specifically 
described territory of an existing school district shall be filed with the school 
board requesting that said described territory be taken from such existing 
district and annexed to an adjacent district, or reorganized into a new school 
district, the said school board, after consideration thereof, and with the 
consent and approval of the school board of the district to which such territory 
is to be annexed, if such be the case, shall have the power and authority, in its 
discretion, to take such territory from the existing district and annex same to 
the adjacent district, or to create a new school district of such specifically 
described territory. However, before doing so, the school board must find and 
determine that the taking of the territory from the existing school district will 
not seriously interfere with or impair the efficiency of such school district, and 
all orders adopted under the provisions of this section shall be invalid unless 
such finding and determination be made. Any order adopted under the 
provisions of this section shall become final without publication thereof upon 
such date as may be fixed by the school board but not later than the first day 
of July next succeeding the date of such order. The taking of territory from 
existing school districts under the provisions of this section shall not release 
the property in such territory from assessment and liability for the payment of 
the outstanding bonds or other indebtedness of the district from which the 
territory is taken and it shall be the duty of the board of supervisors to 
continue to levy taxes on such territory in an amount sufficient to pay such 
territory's pro rata part of all outstanding bonds or other indebtedness existing 
at the time the territory is taken from such district. In addition thereto, the 
territory involved shall become liable for its pro rata part of the outstanding 
bonds or other indebtedness of the district to which it is annexed and taxes 
shall be levied thereon for the payment thereof to the same extent as taxes are 
levied upon the other territory of such district. 

SOURCES: Codes, 1942, § 6274-06; Laws, 1953, Ex Sess, ch. 16, § 6; Laws, 1986, 
ch. 492, § 55, eff from and after July 1, 1987. 

JUDICIAL DECISIONS 

1. In general. trict, all in strict accord with the relevant 
Where a municipal separate school dis- statutes, municipal authorities rather 
trict was reconstituted in accordance with than county authorities were thereafter 
the law without any added territory, and the proper parties to assess and collect 
thereafter the county school district was school taxes throughout the county. Win- 
abolished and its territory accepted by ston County exrel. Bd. of Supvrs. v. Wood- 
and annexed to the municipal school dis- ruff, 187 So. 2d 299 (Miss. 1966). 



167 



§ 37-7-111 Education 

ATTORNEY GENERAL OPINIONS 

There presently exists no statutory au- district may, pursuant to Section 37-7- 

thority by which school board may split an 109, initiate petition to have it established 

existing district into two or more parts as separate district. Willis, Jan. 27, 1994, 

and thus create more school districts; A.G. Op. #94-0029. 
however, electors of city desiring its own 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 42 CJS. 78 C.J.S., Schools and School Dis- 

et seq. tricts §§ 32 et seq. 

§ 37-7-111. Effect of abolition or alteration of district upon 
bonds or other indebtedness of district; territory of abol- 
ished district to be annexed to another district. 

When any school district is abolished or altered under the provisions of 
this article, the abolition or alteration thereof shall not impair or release the 
property of such school district from liability for the payment of the bonds or 
other indebtedness of such district and it shall be the duty of the board of 
supervisors of said county to levy taxes on the property of said district so 
abolished or altered from year to year according to the terms of such 
indebtedness until same shall be fully paid. No existing school district shall be 
abolished unless the territory comprising such district shall be annexed to 
another district in the same order abolishing the former district. 

SOURCES: Codes, 1942, § 6274-06; Laws, 1953, Ex Sess, ch. 16, § 6; Laws, 1986, 
ch. 492, § 56, eff from and after July 1, 1987. 

JUDICIAL DECISIONS 

1. In general. trict, all in strict accord with the relevant 
Where a municipal separate school dis- statutes, municipal authorities rather 
trict was reconstituted in accordance with than county authorities were thereafter 
the law without any added territory, and the proper parties to assess and collect 
thereafter the county school district was school taxes throughout the county. Win- 
abolished and its territory accepted by ston County exrel. Bd. of Supvrs. v. Wood- 
and annexed to the municipal school dis- ruff, 187 So. 2d 299 (Miss. 1966). 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 39- CJS. 78 C.J.S., Schools and School Dis- 

41. tricts §§ 69, 71. 

§ 37-7-113. Approval of reorganization, abolition or alter- 
ation of school district by State Board of Education. 

Notwithstanding any of the foregoing provisions, it is hereby expressly 
provided that no order of the school board reorganizing, abolishing or altering 
any school district, whether same be taken with or without a petition therefor, 

168 



School Districts; Trustees § 37-7-115 

shall be final unless and until said proposed reorganization, alteration or 
abolition shall be submitted to and approved by the State Board of Education. 
In the event the proposed action shall be disapproved by the State Board of 
Education, the same shall be void and of no effect. In the event of the filing of 
any petitions with the school board under the provisions of said sections, the 
school board shall verify same and make a determination of whether same are 
signed by the requisite number of qualified electors. The finding of the school 
board upon such question shall be final and conclusive for the purpose of the 
submission of said matter to the State Board of Education and the approval or 
disapproval of the action by said board. 

SOURCES: Codes, 1942, § 6274-06; Laws, 1953, Ex Sess, ch. 16, § 6; Laws, 1986, 
ch. 492, § 57, eff from and after July 1, 1987. 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 

JUDICIAL DECISIONS 

1. In general. tend, this does not mean that reorganiza- 

Although the county board of education, tion or rearrangement of the district 

being the trustees in countywide districts would not be subject to approval by the 

are the ones to organize the schools detail- state educational finance commission, 

ing what grades should be taught there, Board of Educ. v. Wilburn, 223 So. 2d 665 

and designating what pupils should at- (Miss. 1969). 

ATTORNEY GENERAL OPINIONS 

Sections 37-7-103, 37-7-113 and 37-7- nothing to alter the existing geographical 

311 allow a school board to organize its features, boundaries, or corporate struc- 

schools so as to serve the best interests of ture of the school districts there is no 

the schools and ultimately the students, necessity to seek State Board of Education 

and to avoid unnecessary duplication, approval. Burnham, February 15, 1995, 

Where the actions of local school boards do A.G. Op. #95-0029. 

§ 37-7-115. Appeals from school board orders. 

Any person aggrieved by an order of the school board adopted under any 
of the foregoing provisions may appeal therefrom within ten (10) days from the 
date of the adjournment of the meeting at which such order is entered. Said 
appeal shall be taken in the same manner as appeals are taken from 
judgments or decisions of the board of supervisors as provided in Section 
11-51-75, Mississippi Code of 1972, the provisions of which shall be fully 
applicable to appeals taken hereunder. The State Board of Education shall not 
pass upon or approve or disapprove any such order until the time for an appeal 
therefrom shall have expired, nor shall said board pass upon or approve or 
disapprove any such order from which an appeal is taken until said appeal 
shall have been finally determined. 

SOURCES: Codes, 1942, § 6274-06; Laws, 1953, Ex Sess, ch. 16, § 6; Laws, 1986, 
ch. 492, § 58, eff from and after July 1, 1987. 

169 



§ 37-7-117 Education 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 
RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 47, CJS. 78 C. J.S., Schools and School Dis- 

48. tricts §§ 57-62, 70. 

16A Am. Jur. Legal Forms 2d (Rev), 
Schools, § 229.29 (notice of appeal of 
change in school district boundaries). 

§§ 37-7-117 and 37-7-119. Repealed. 

Repealed by Laws, 1986, ch. 492, § 59, eff from and after July 1, 1987. 
§ 37-7-117. [Codes, 1942, § 6274-06.5; Laws, 1959, Ex Sess, ch. 21] 
§ 37-7-119. [Codes, 1942, § 6328-96; Laws, 1958, ch. 308, §§ 1-4] 

Editor's Note — Former § 37-7-117 related to the retroactive nature of alterations 
to school district boundaries. 

Former § 37-7-119 related to the validation of school districts as legally existing 
political subdivisions of the state. 

Article 5. 
Boards of Trustees; Qualifications, Selection and Meetings. 

Sec. 

37-7-201. Qualifications for office of trustee. 

37-7-203. Composition of boards of trustees of municipal separate school districts; 

qualifications, selection, and terms of office of members of boards. 
37-7-204. Appointment of interim member to fill vacancy in board of trustees for 

countywide municipal separate school district. 
37-7-205. Repealed. 

37-7-207. Selection and term of trustees of consolidated districts. 

37-7-208. Authorization to expend funds to cover cost and expenses of litigation 

relating to and implementation of single member school board trustee 

election districts. 
37-7-209. Election of trustees generally. 

37-7-211. Filing of petition and affidavit by candidate for office of trustee. 

37-7-213. Notice of election. 

37-7-215. Time and place of election. 

37-7-217. Conduct of election; certification of results; runoffs. 

37-7-219. Preparation of list of qualified electors; persons entitled to vote in 

elections. 
37-7-221. Election of consolidated or consolidated line school district trustees; 

procedure generally. 
37-7-223. Election of consolidated or consolidated line school district trustees; 

time and manner of election. 
37-7-225. Election of consolidated or consolidated line school district trustees; 

filing of petition of nomination by candidate. 
37-7-227. Election of consolidated or consolidated line school district trustees; 

ballot; determination of results; runoffs. 
37-7-229. Election of consolidated or consolidated line school district trustees; 

preparation of list of qualified electors; compensation of election com- 
missioners. 
37-7-231 through 37-7-235. Repealed. 

170 



School Districts; Trustees § 37-7-203 

§ 37-7-201. Qualifications for office of trustee. 

In order for a person to be eligible to hold the office of trustee of any school 
district, such person must be a bona fide resident and a qualified elector of such 
school district, and, in the case of a school district lying in two or more counties, 
but not including municipal separate school districts, such person must be a 
bona fide resident and a qualified elector of the territory entitled to such 
representation on the board. 

SOURCES: Codes, 1942, § 6328-07; Laws, 1953, Ex Sess, ch. 12, § 7; Laws, 1964, 
ch.391,§ 1; Laws, 1966, ch. 409, § 1; Laws, 1966, ch. 410, § 1; Laws, 1968, ch. 
400, eff from and after passage (approved June 24, 1968). 

ATTORNEY GENERAL OPINIONS 

A qualified individual who is not a res- be lawfully appointed school board 
ident of a city having a separate school trustee. White, Apr. 9, 2004, A.G. Op. 
district but who resides in the district may 04-0149. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools § 61. Bosher, Law and Education: Contempo- 

CJS. 78 C.J.S., Schools and School Dis- rary Issues and Court Decisions (Matthew 

tricts § 111, 112. Bender). 
Practice References. Vacca and 

§ 37-7-203. Composition of boards of trustees of municipal 
separate school districts; qualifications, selection, and 
terms of office of members of boards. 

(1) The boards of trustees of all municipal separate school districts 
created under the provisions of Article 1 of this chapter, either with or without 
added territory, shall consist of five (5) members, each to be chosen for a term 
of five (5) years, but so chosen that the term of office of one (1) member shall 
expire each year. In the event the added territory of a municipal separate 
school district furnishes fifteen percent (15%) or more of the pupils enrolled in 
the schools of such district, then at least one (1) member of the board of 
trustees of such school district shall be a resident of the added territory outside 
the corporate limits. In the event the added territory of a municipal separate 
school district furnishes thirty percent (30%) or more of the pupils enrolled in 
the schools of such district, then not more than two (2) members of the board 
of trustees of such school district shall be residents of the added territory 
outside the corporate limits. In the event the added territory of a municipal 
separate school district in a county in which Mississippi Highways 8 and 15 
intersect furnishes thirty percent (30%) or more of the pupils enrolled in the 
schools of such district, then the five (5) members of the board of trustees of 
such school district shall be elected at large from such school district for a term 
of five (5) years each except that the two (2) elected trustees presently serving 
on such board shall continue to serve for their respective terms of office. The 

171 



§ 37-7-203 Education 

three (3) appointed trustees presently serving on such board shall continue to 
serve until their successors are elected in March of 1975 in the manner 
provided for in Section 37-7-215. At such election, one (1) trustee shall be 
elected for a term of two (2) years, one (1) for a term of three (3) years and one 
(1) for a term of five (5) years. Subsequent terms for each successor trustee 
shall be for five (5) years. In the event one (1) of two (2) municipal separate 
school districts located in any county with two (2) judicial districts, District 1 
being comprised of Supervisors Districts 1, 2, 4 and 5, and District 2 being 
comprised of Supervisors District 3, with added territory embraces three (3) 
full supervisors districts of a county, one (1) trustee shall be elected from each 
of the three (3) supervisors districts outside the corporate limits of the 
municipality. In the further event that the territory of a municipal separate 
school district located in any county with two (2) judicial districts, District 1 
being comprised of Supervisors Districts 1, 2, 4 and 5, and District 2 being 
comprised of Supervisors District 3, with added territory embraces four (4) full 
supervisors districts in the county, and in any county in which a municipal 
separate school district embraces the entire county in which Highways 14 and 
15 intersect, one (1) trustee shall be elected from each supervisors district. 

Except as otherwise provided herein, the trustees of such a municipal 
separate school district shall be elected by a majority of the governing 
authorities of the municipality at the first meeting of the governing authorities 
held in the month of February of each year, and the term of office of the 
member so elected shall commence on the first Saturday of March following. In 
the case of a member of said board of trustees who is required to come from the 
added territory outside the corporate limits as is above provided, such member 
of the board of trustees shall be elected by the qualified electors of the school 
district residing in such added territory outside the corporate limits at the 
same time and in the same manner as is otherwise provided in this article for 
the election of trustees of school districts other than municipal separate school 
districts. 

In the event that a portion of a county school district is reconstituted, in 
the manner provided by law, into a municipal separate school district with 
added territory and in the event that the trustees to be elected from the added 
territory are requested to be elected from separate election districts within the 
added territory, instead of elected at-large, by the Attorney General of the 
United States as a result of and pursuant to preclearance under Section 5 of 
the Voting Rights Act of 1965 as amended and extended, and in the event the 
added territory of a municipal separate school district of a municipality 
furnishes thirty percent (30%) or more of the pupils enrolled in the schools of 
such district, then two (2) members of the board of trustees shall be residents 
of the added territory outside the corporate limits of such municipality and 
shall be elected from special trustee election districts by the qualified electors 
thereof as herein provided. The board of trustees of the school district shall 
apportion the added territory into two (2) special trustee election districts as 
nearly as possible according to population and other factors heretofore pro- 
nounced by the courts. The board of trustees of the school district shall 

172 



School Districts; Trustees § 37-7-203 

thereafter publish the same in a newspaper of general circulation within said 
school district for at least two (2) consecutive weeks; and after having given 
notice of publication and recording the same upon the minutes of the board of 
trustees of the school district, said new district lines shall thereafter be 
effective. Any person elected from the new trustee election districts constituted 
herein shall be elected in the manner provided for in Section 37-7-215 for a 
term of five (5) years. Any vacancy in the office of a trustee elected from such 
trustee election district, whether occasioned by redistricting or by other cause, 
shall be filled by appointment of the governing authorities of the municipality, 
provided that the person so appointed shall serve only until the first Saturday 
of March following his appointment, at which time a person shall be elected for 
the remainder of the unexpired term in the manner provided in Section 
37-7-215. 

In any county organizing a countywide municipal separate school district 
after January 1, 1965, the trustees thereof to be elected from outside the 
municipality, such trustees shall be elected by the board of supervisors of such 
county, and the superintendent of such school district shall have authority to 
pay out and distribute the funds of said district. In the event a municipal 
separate school district should occupy territory in a county other than that in 
which the municipality is located and fifteen percent (15%) or more of the 
pupils enrolled in the schools of such district shall come from the territory of 
the district in the county other than that in which the municipality is located, 
the territory of such county in which the municipality is not located shall be 
entitled to one (1) member on the board of trustees of such school district. Said 
trustee shall be a resident of the territory of that part of the district lying in the 
county in which the municipality is not located and shall be elected by the 
qualified electors of the territory of such county at the same time and in the 
same manner as is provided for the election of trustees of school districts other 
than municipal separate school districts having territory in two (2) or more 
counties. 

All vacancies shall be filled for the unexpired terms by appointment of the 
governing authorities of the municipality; except that in the case of the 
trustees coming from the added territory outside the corporate limits, the 
person so appointed shall serve only until the first Saturday of March following 
his appointment, at which time a person shall be elected for the remainder of 
the unexpired term in the manner otherwise provided herein. 

No person who is a member of such governing body, or who is an employee 
of the municipality, or who is a member of the county board of education, or 
who is a trustee of any public, private or sectarian school or college located in 
the county, inclusive of the municipal separate school district, or who is a 
teacher in or a trustee of said school district, shall be eligible for appointment 
to said board of trustees. 

(2) In counties of less than fifteen thousand (15,000) people having a 
municipal separate school district with added territory which embraces all the 
territory of a county, one (1) or more trustees of such district shall be 
nominated from each supervisors district upon petition of fifty (50) qualified 

173 



§ 37-7-203 Education 

electors of said district, or twenty percent (20%) of the qualified electors of such 
district, whichever number shall be smaller, and shall be elected by a plurality 
of the vote of the qualified electors of said county. One (1) trustee so elected 
shall reside in each supervisors district of the county. In such counties 
embraced entirely by a municipal separate school district there shall be no 
county board of education after the formation of such district and the county 
superintendent of education shall act as superintendent of schools of said 
district and shall be appointed by the board of trustees of said district, and the 
provisions of subsection (1) of this section and the first paragraph of Section 
37-7-211 shall not apply to such districts. 

SOURCES: Codes, 1942, §§ 6238-07, 6328-21; Laws, 1953, Ex Sess, ch. 12, § 7; ch. 
17, § 1; Laws, 1956, ch. 273; Laws, 1964, ch. 391, § 1; Laws, 1966, ch. 409, § 1; 
Laws, 1966, ch. 410, § 1; Laws, 1968, ch. 400; Laws, 1975, ch. 306; Laws, 1985, 
ch. 509, § 1; Laws, 2002, ch. 598, § 3, eff July 22, 2002 (the date the United 
States Attorney General interposed no objection under Section 5 of the 
Voting Rights Act of 1965, to the amendment of this section.) 

Editor's Note — Article 1 of this chapter, referred to in this section, was repealed by 
Laws of 1986, ch. 492, § 50, effective from and after July 1, 1987. 

The United States Attorney General, by letter dated July 22, 2002, interposed no 
objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this 
section by Laws of 2002, ch. 598 § 3. 

Cross References — Eligibility of county electorate to participate in election of 
county superintendent, see § 37-5-71. 

Election of trustees elected under provisions of subsection (1) of this section, see 
§ 37-7-209 and §§ 37-7-211 to 37-7-219. 

Filing of petition of candidacy and affidavit of eligibility under this section, see 
§ 37-7-211. 

Selection of boards of trustees in certain special municipal county-wide school 
districts, see § 37-7-703. 

Subsection (2) of this section, regarding a municipal separate school district embrac- 
ing an entire county in counties of less than 15,000 population, governing the selection 
of district school superintendent, see § 37-9-13. 

Federal Aspects — Provisions of Section 5 of the Voting Rights Act of 1965, see 42 
USCS § 1973c. 

JUDICIAL DECISIONS 

1. In general. cannot inquire whether the change is sub- 

2. Constitutionality. ject to § 5 but must ignore that circum- 

stance and enter a decree violating federal 
1. In general. law. Section 14(b) of the Act, which pro- 
The Mississippi courts had the power to vides that no court other than the District 
decide whether § 5 of the Voting Rights Court for the District of Columbia shall 
Act applied to the change in election pro- have jurisdiction to enter a declaratory 
cedures sought by respondents, and must judgment pursuant to § 5 governs only 
withhold further implementation of the declaratory judgments approving pro- 
disputed change until the parties demon- posed voting procedure changes. And 
strate compliance with § 5. Both the Ian- nothing in the provisions of § 5, requiring 
guage and purposes of the Act refute the an action under that section to be heard 
notion that a state court asked to imple- by a three-judge federal district court, or 
ment a change in the State's voting laws in the provisions of § 12(f) of the Act, 

174 



School Districts; Trustees 



§ 37-7-204 



giving federal district courts jurisdiction 
of proceedings under that section, negates 
the presumption, that, at least when the 
issue arises collaterally, state courts have 
the power to decide whether a proposed 
change in election procedures requires 
preclearance under § 5. Granting state 
courts such power helps to insure compli- 
ance with the preclearance scheme. 
Hathorn v. Lovorn, 457 U.S. 255, 102 S. 
Ct. 2421, 72 L. Ed. 2d 824 (1982), reh'g 
denied, 458 U.S. 1131, 103 S. Ct. 15, 73 L. 
Ed. 2d 1401 (1982). 



2. Constitutionality. 

That part of the statute providing for 
the selection and term of trustees of con- 
solidated school districts that reads "in 
which Highways 14 and 15 intersect" was 
declared unconstitutional and such offen- 
sive language would be stricken from the 
statute; the remaining portion of the stat- 
ute was declared constitutional. Lovorn v. 
Hathorn, 365 So. 2d 947 (Miss. 1978), cert, 
denied, 441 U.S. 946, 99 S. Ct. 2167, 60 L. 
Ed. 2d 1049 (1979). 



ATTORNEY GENERAL OPINIONS 



School board vacancy would be filled by 
appointing qualified elector to serve until 
first Saturday in March, at which time 
election to fill remainder of term would be 
conducted in accordance with Miss. Code 
Section 37-7-203. Foxworth, Apr. 21, 1993, 
AG. Op. #93-0188. 

The authority to make an appointment 
to fill a vacancy in a municipal school 
district with added territory lies with the 
city council — the mayor and board of 
aldermen — and not the mayor acting 
individually. Tisdale, Feb. 3, 2000, A.G. 
Op. #2000-0025. 

The statute does not, on its face, pre- 
clude the appointment of members from 



added territory consisting of less than 
15%, although such appointment is not 
mandatory. Smith, June 23, 2000, AG. 
Op. #2000-0288. 

Once appointed, a trustee of a munici- 
pal separate school district serves for a 
term of five years and can only be removed 
pursuant to a specific statutory provision. 
Brahan, Apr. 27, 2001, A.G. Op. #01-0239. 

A qualified individual who is not a res- 
ident of a city having a separate school 
district but who resides in the district may 
be lawfully appointed school board 
trustee. White, Apr. 9, 2004, A.G. Op. 
04-0149. 



RESEARCH REFERENCES 



ALR. Application of requirement that 
newspaper be locally published for official 
notice publication. 85 A.L.R.4th 581. 

Am Jur. 68 Am. Jur. 2d, Schools §§ 60 
et seq. 



CJS. 78 C.J.S., Schools and School Dis- 
tricts §§ 111, 112, 117. 



§ 37-7-204. Appointment of interim member to fill vacancy in 
board of trustees for countywide municipal separate school 
district. 

In the event that a vacancy occurs in the office of any elected trustee of a 
countywide municipal separate school district, and the next regular school 
board election at which the vacancy may be filled is less than one (1) year from 
the date of the resignation, the school board of the district may, in its 
discretion, take action to appoint an interim board member to fill the vacancy 
until a duly qualified successor takes office. The interim board member shall 
serve until such time as the successor board member is duly elected to fill the 



175 



§ 37-7-205 Education 

unexpired term, pursuant to an election held at the next regularly scheduled 
school board election held in the county. 

SOURCES: Laws, 1995, ch. 425, § 1, eff from and after August 25, 1995 (the date 
the United States Attorney General interposed no objection under Section 
5 of the Voting Rights Act of 1965 to the amendment of this section). 

Editor's Note — The United States Attorney General, by letter dated August 25, 
1995, interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the 
amendment to this section by Laws of 1995, ch. 425, § 1. 

ATTORNEY GENERAL OPINIONS 

A school board member may be ap- the departing member is not entitled to 

pointed only if a vacancy exists, and a vote on a successor appointment. Johnson, 

vacancy does not exist until the resigning Aug. 8, 1997, A.G. Op. #97-0227. 
or vacating member has departed office, so 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 59 CJS. 78 C.J.S., Schools and School Dis- 
et seq. tricts §§ 138-139. 

§ 37-7-205. Repealed. 

Repealed by Laws, 1987, ch 307, § 47, eff from and after March 3, 1987. 
[Codes, 1942, § 6328-07; Laws, 1953, Ex Sess, ch. 12, § 7; 1964, ch. 391, 
§ 1; 1966, ch. 409, § 1; 1966, ch. 410, § 1; 1968, ch. 400] 

Editor's Note — Former § 37-7-205 permitted a county board of education to serve 
as trustees of county- wide school districts. 

§ 37-7-207. Selection and term of trustees of consolidated 
districts. 

(1) All school districts reconstituted or created under the provisions of 
Article 1 of this chapter, and which lie wholly within one (1) county, but not 
including municipal separate and countywide districts, shall be governed by a 
board of five (5) trustees. The first board of trustees of such districts shall be 
appointed by the county board of education, and the original appointments 
shall be so made that one (1) trustee shall be appointed to serve until the first 
Saturday of March following such appointments, one (1) for one (1) year longer, 
one (1) for two (2) years longer, one (1) for three (3) years longer, and one (1) for 
four (4) years longer. After such original appointments, the trustees of such 
school districts shall be elected by the qualified electors of such school districts 
in the manner provided for in Sections 37-7-223 through 37-7-229, with each 
trustee to be elected for a term of five (5) years. The five (5) members of the 
board of trustees of such consolidated school district shall be elected from 
special trustee election districts by the qualified electors thereof, as herein 
provided. The board of trustees of any such consolidated school district shall 

176 



School Districts; Trustees § 37-7-207 

apportion the consolidated school district into five (5) special trustee election 
districts. The board of trustees of such school district shall place upon its 
minutes the boundaries determined for the new five (5) trustee election 
districts. The board of trustees shall thereafter publish the same in a 
newspaper of general circulation within said school district for at least three 
(3) consecutive weeks; and after having given notice of publication and 
recording the same upon the minutes of the board of trustees, said new district 
lines shall thereafter be effective. 

On the first Tuesday after the first Monday in November, in any year in 
which any consolidated school district shall elect to utilize the authority to 
create single member election districts, an election shall be held in each such 
district in this state for the purpose of electing the board of trustees of such 
district. At said election the member of the said board from District One shall 
be elected for a term of one (1) year, the member from District Two shall be 
elected for a term of two (2) years, the member from District Three shall be 
elected for a term of three (3) years, the member from District Four shall be 
elected for a term of four (4) years, and the member from District Five shall be 
elected for a term of five (5) years. Thereafter, members shall be elected at 
general elections as vacancies occur for terms of five (5) years each. Trustees 
elected from single member election districts as provided above shall otherwise 
be elected as provided for in Sections 37-7-223 through 37-7-229. All members 
of the said board of trustees shall take office on the first Monday of January 
following the date of their election. All vacancies which may occur during a 
term shall be filled by appointment of the consolidated school district trustees, 
but the person so appointed shall serve only until the next general election 
following such appointment, at which time a person shall be elected for the 
remainder of the unexpired term at the same time and in the same manner as 
a trustee is elected for the full term then expiring. The person so elected to the 
unexpired term shall take office immediately. Said appointee shall be selected 
from the qualified electors of the district in which the vacancy occurs. 

(2) All school districts reconstituted and created under the provisions of 
Article 1 of this chapter, which embrace territory in two (2) or more counties, 
but not including municipal separate school districts, shall be governed by a 
board of five (5) trustees. In making the original appointments, the several 
county boards of education shall appoint the trustee or trustees to which the 
territory in such county is entitled, and, by agreement between the county 
boards concerned, one (1) person shall be appointed to serve until the first 
Saturday of March following, one (1) for one (1) year longer, one (1) for two (2) 
years longer, one (1) for three (3) years longer and one (1) for four (4) years 
longer. Thereafter, such trustees shall be elected as is provided for in Sections 
37-7-223 through 37-7-229, for a term of five (5) years. The five (5) members of 
the board of trustees of such line consolidated school district shall be elected 
from special trustee election districts by the qualified electors thereof, as 
herein provided. The existing board of trustees of such line consolidated school 
district shall apportion the line consolidated school district into five (5) special 
trustee election districts. The board of trustees shall place upon its minutes the 

177 



§ 37-7-207 Education 

boundaries determined for the new five (5) trustee election districts. The board 
of trustees shall thereafter publish the same in a newspaper of general 
circulation within said school district for at least three (3) consecutive weeks; 
and after having given notice of publication and recording the same upon the 
minutes of the board of trustees, said new district lines shall thereafter be 
effective. Provided, however, that in any Line Consolidated School District 
encompassing two (2) or more counties created pursuant to Laws, 1953, 
Extraordinary Session, Chapter 12, Section 8, in which, as a condition 
precedent to the creation of said district, each county belonging thereto was 
contractually guaranteed to always have at least one (1) representative on said 
board, in order that said condition precedent may be honored and guaranteed, 
in any year in which the board of trustees of such Line Consolidated School 
District does not have at least one (1) member from each county or part thereof 
forming such district, the board of trustees in such district shall be governed by 
a board of a sufficient number of trustees to fulfill this guarantee, five (5) of 
whom shall be elected from the five (5) special trustee election districts which 
shall be as nearly equal as possible and one (1) member trustee appointed at 
large from each county not having representation on the elected board. In such 
cases, the board of supervisors of each county shall make written agreement to 
guarantee the manner of appointment of at least one (1) representative from 
each county in the district, placing such written agreement on the minutes of 
each board of supervisors in each county. 

On the first Tuesday after the first Monday in November, in any year in 
which any line consolidated school district shall elect to utilize the authority to 
create single member election districts, an election shall be held in each such 
district in this state for the purpose of electing the board of trustees of such 
district. At said election the member of the said board from District One shall 
be elected for a term of one (1) year, the member from District Two shall be 
elected for a term of two (2) years, the member from District Three shall be 
elected for a term of three (3) years, the member from District Four shall be 
elected for a term of four (4) years, and the member from District Five shall be 
elected for a term of five (5) years. Thereafter, members shall be elected at 
general elections as vacancies occur for terms of five (5) years each. Trustees 
elected from single member election districts as provided above shall otherwise 
be elected as provided for in Sections 37-7-223 through 37-7-229. All members 
of the said board of trustees shall take office on the first Monday of January 
following the date of their election. In all elections, the trustee elected shall be 
a resident and qualified elector of the district entitled to the representation 
upon the board, and he shall be elected only by the qualified electors of such 
district. All vacancies which may occur during a term of office shall be filled by 
appointment of the consolidated line school district trustees, but the person so 
appointed shall serve only until the next general election following such 
appointment, at which time a person shall be elected for the remainder of the 
unexpired term at the same time and in the same manner as the trustee is 
elected for the full term then expiring. The person so elected to the unexpired 
term shall take office immediately. 

178 



School Districts; Trustees § 37-7-207 

SOURCES: Codes, 1942, § 6328-07; Laws, 1953, Ex Sess, ch. 12, § 7; Laws, 1964, 
ch. 391, § 1; Laws, 1966, ch. 409, § 1; Laws, 1966, ch. 410, § 1; Laws, 1968, ch. 
400; Laws, 1981, ch. 409, § 1; Laws, 1988, ch. 523, § 1; Laws, 1990, ch. 567, 
§ 1; Laws, 2002, ch. 598, § 4, eff July 22, 2002 (the date the United States 
Attorney General interposed no objection under Section 5 of the Voting 
Rights Act of 1965, to the amendment of this section.) 

Editor's Note — Article 1 of this chapter, referred to in this section, was repealed by 
Laws of 1986, ch. 492, § 50, effective from and after July 1, 1987. 

For present provisions relating to reorganization of school districts, see §§ 37-7-103 
et seq. 

Laws of 1953, Extraordinary Session, Chapter 12, Section 8, referred to in this 
section, and codified as § 37-7-101, was repealed by Laws of 1986, chapter 492, § 59, 
effective from and after July 1, 1987. 

Laws of 1990, chapter 567, § 1, amended § 37-7-207, effective from and after such 
time as Laws of 1990, chapter 567, § 1, was effectuated under Section 5 of the Voting 
Rights Act of 1965, as amended and extended. Laws of 2002, chapter 598, § 4, 
subsequently amended both the version of § 37-7-207 in force until Laws of 1990, 
chapter 567, § 1, was effectuated under Section 5 of the Voting Rights Act of 1965 and 
the version effective from and after the date Laws of 1990, chapter 567, § 1, was 
effectuated under Section 5 of the Voting Rights Act of 1965. By letter dated July 22, 
2002, the United States Attorney General interposed no objection under Section 5 of the 
Voting Rights Act of 1965 to the amendment of the section by Laws of 2002, chapter 598, 
§ 4. However, as of September 1, 2004, Laws of 1990, chapter 567, § 1, had not been 
effectuated under Section 5 of the Voting Rights Act of 1965. Consequently, the version 
of § 37-7-207 that was to become effective from and after the date Laws of 1990, chapter 
567, § 1, was effectuated under Section 5 of the Voting Rights Act of 1965, has been 
omitted from the Code at the direction of Co-Counsel of the Joint Legislative Committee 
on Compilation, Revision and Publication of the Legislature. 

JUDICIAL DECISIONS 

1. In general. North Panola Consol. Sch. Dist., 641 So. 

2. Attending school in another district. 2d 1106 (Miss. 1994). 

1. In general. 2. Attending school in another dis- 

While school boards should not be al- trict. 

lowed to operate indefinitely with less Students who live in one school district 

than 5 members, boards must be given a organized under Ch 12, Laws of 1953, Ex. 

reasonable amount of time in which to Session [Code 1942, §§ 6328-01 et seq.l, 

find a suitable candidate; thus, a 4-mem- may not attend school in another school 

ber school board had the authority to district without the consent and approval 

approve a bond election and authorize the of the board of trustees of the district 

issuance of the bonds at a meeting which wherein such students reside. Hinze v. 

took place only 10 days after the fifth Winston County Bd. of Educ, 233 Miss, 

board member resigned. Shipman v. 867, 103 So. 2d 353 (1958). 

ATTORNEY GENERAL OPINIONS 

Appointment must be made to fill va- time. Minor, July 22, 1992, A.G. Op. #92- 

cancy on school board within reasonable 0545. 

period of time; only court of competent Mississippi Code Annotated Section 37- 

jurisdiction can make adjudication as to 7-207 clearly and specifically requires 

what constitutes reasonable period of county board of supervisors to affirma- 

179 



§ 37-7-208 Education 

tively act to apportion consolidated school an election that is set by statute, 

district into five special trustee election Rounsavall, Oct. 5, 2001, A.G. Op. #01- 

districts upon request of board of trustees 0622. 

of school district. Riddell, Jan. 25, 1994, Under this section, one board of super- 

A.G. Op. #93-1008. visors may not unilaterally make an ap- 

If only one candidate qualifies by the pointm ent in the absence of an agree- 

d i a f ?/° r a . cce P ting the Petition and ment; it ig incumbent upon the counti es 

affidavit for a trustee candidate in a mu- that are affected to come to an ment 

nicipal separate school district, then there 1..1 » u i ?• ., j , 

will not be an election and the single * ut ( hat agreement should be limited to 

qualified candidate should be declared the . manner of * e appointment (how 

elected without opposition and should nominations are to be made, nominee se- 

take office immediately. Fair, February 12, lectlon criteria, by whom the appointment 

1999 A G Op #99-0057 * s ^° De ma de, etc.) and should not attempt 

In the absence of a court order to the to limit the applicability of the statute, 

contrary, neither a school board nor a Clements, Oct. 2, 2002, A.G. Op. #02- 

county board of supervisors may postpone 0553. 

RESEARCH REFERENCES 

ALR. Application of requirement that CJS. 78 C.J.S., Schools and School Dis- 
newspaper be locally published for official tricts §§ 116, 117. 
notice publication. 85 A.L.R.4th 581. 

Am Jur. 68 Am. Jur. 2d, Schools §§ 60, 
63. 

§ 37-7-208. Authorization to expend funds to cover cost and 
expenses of litigation relating to and implementation of 
single member school board trustee election districts. 

The board of trustees of any consolidated school district may pay from 
non-minimum program funds the cost and expense of litigation involved by or 
resulting from the creation of or litigation to create single member school board 
trustee election districts, and pay from non-minimum program funds the cost 
or expense to implement any plan, decree or reorganization as approved by the 
court. Said payments by the board of trustees shall be deemed a "new program" 
under the provisions of Section 37-57-107, Mississippi Code of 1972, and any 
additional millage levied for such purpose and the revenue generated there- 
from shall be excluded from the tax increase limitation prescribed in Sections 
37-57-105 and 37-57-107. The board of supervisors of any county in which 
there is located such consolidated school district may, in its discretion, 
contribute out of county general funds to the cost and expense of such litigation 
and/or the cost of implementing such redistricting plan. 

SOURCES: Laws, 1988, ch. 523, § 2, eff from and after March 1, 1989 (the date 
the United States Attorney General interposed no objection to the addi- 
tion of this section). 

§ 37-7-209. Election of trustees generally. 

All elections of trustees who are elected under the provisions of subsection 



180 



School Districts; Trustees § 37-7-211 

(1) of Section 37-7-203 shall be held and conducted in the manner and at the 
time provided for in Sections 37-7-211 through 37-7-219. 

SOURCES: Codes, 1942, § 6328-09; Laws, 1953, Ex Sess, ch. 12, § 9; Laws, 1962, 
ch. 348; Laws, 1966, ch. 411, § 1; Laws, 1966, ch. 412, § 1; Laws, 1981, ch. 409, 
§ 2, eff from and after July 31, 1981 (the date the United States Attorney 
General interposed no objection to the amendment of this section). 

Cross References — Alternate method for election of trustees of certain school 
districts, see §§ 37-7-221 through 37-7-229. 

Applicability of this section to election of consolidated or consolidated line district 
trustees, see § 37-7-221. 

Selection of trustees in certain special municipal separate school districts, see 
§§ 37-7-703 through 37-7-717. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools § 60. 
CJS. 78 C.J.S., Schools and School Dis- 
tricts § 118-128. 

§ 37-7-211. Filing of petition and affidavit by candidate for 
office of trustee. 

Any person otherwise eligible under the provisions of subsection (1) of 
Section 37-7-203 who shall desire to be a candidate for the office of trustee 
must qualify in the following manner in order to be allowed to be considered for 
election. By 5:00 p.m. at least forty (40) days before the election he shall file 
with the office of the superintendent of the municipal separate school district, 
or the special municipal separate school district, as the case may be, a petition 
signed by not less than twenty-five (25) qualified electors of the area repre- 
sented by the office which he seeks, either for a full term or an unexpired term, 
as the case may be, and an affidavit by the candidate offering for election 
stating his qualifications under the terms of said sections. The petition shall 
contain an affidavit certifying that all signatures are the personal signatures 
of each person whose name appears on the petition and that each person is a 
qualified elector. 

Unless the petition and affidavit required above shall be filed by 5:00 p.m. 
not less than forty (40) days prior to the election, the name of the candidate 
shall not be considered in the election, and votes cast for any person who has 
failed to qualify shall not be counted in the election. 

If after the time for candidates to file the petition and affidavit provided for 
herein there should be only one (1) person to qualify for the office of trustee, 
then no election or notice of election shall be necessary and such person shall, 
if otherwise qualified, be declared elected without opposition. 

SOURCES: Codes, 1942, § 6328-09; Laws, 1953, Ex Sess, ch. 12, § 9; Laws, 1962, 
ch. 348; Laws, 1966, ch. 411, § 1; Laws, 1966, ch. 412, § 1; Laws, 1977, ch. 425, 
§ 1; Laws, 1981, ch. 409, § 3; Laws, 1982, ch. 356, § 1; Laws, 2000, ch. 592, 
§ 17, eff from and after July 28, 2000, the date the United States Attorney 

181 



§ 37-7-213 Education 

General interposed no objection under Section 5 of the Voting Rights Act 
of 1965 to the amendment of this section. 

Editor's Note — The United States Attorney General, by letter dated July 28, 2000, 
interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the 
amendment of this section by Laws of 2000, ch. 592, § 17. 

Cross References — Inapplicability of the first paragraph of this section to counties 
of less than 15,000 people having a municipal separate school district with added 
territory which embraces all the territory of a county, see § 37-7-203. 

Applicability of this section to election of consolidated or consolidated line district 
trustees, see § 37-7-221. 

ATTORNEY GENERAL OPINIONS 

Only school board members who are to apply to persons appointed to hold such 

be elected through the electoral process office. Huddleston, May 15, 1998, A.G. Op. 

must meet the requirements set forth in #98-0256. 
the statute; these requirements do not 

§ 37-7-213. Notice of election. 

Notice of said election shall be given at least twenty-one (21) days before 
the election by the superintendent by posting a notice thereof in at least three 
(3) public places in the school district upon the bulletin board of all school 
buildings in such school district, and in addition thereto, notice shall be made 
by publication once in each week during three (3) successive weeks in a public 
newspaper of the county in which the election shall take place, if there be such 
a newspaper, and where there is no newspaper in the county, the notice shall 
be posted at the courthouse door of the county and published as above provided 
in a public newspaper in an adjoining county, or at the seat of government of 
the state, and the period of said publication shall be deemed completed at the 
end of twenty-one (21) days from the date of the first publication; provided, 
there have been three (3) publications made as hereinabove required. Such 
notice shall contain a statement of the time and place for the holding of the 
election, the number of trustees to be elected, and whether same be for a full 
term or for an unexpired term. In addition, the notice shall contain the names 
of the candidates for each position to be filled and the area to be represented 
by each. In addition thereto, the principal, teacher or superintendent of each 
school within such district shall announce the date, time, purpose and place of 
holding said election to the pupils at least three (3) times during the week 
immediately preceding same. 

SOURCES: Codes, 1942, § 6328-09; Laws, 1953, Ex Sess, ch. 12, § 9; Laws, 1962, 
ch. 348; Laws, 1966, ch. 411, § 1; Laws, 1966, ch. 412, § 1; Laws, 1977, ch. 410, 
§ 1; Laws, 1981, ch. 409, § 4, efffrom and after July 31, 1981 (the date the 
United States Attorney General interposed no objection under Section 5 of 
the Voting Righs Act of 1965 to the amendment of this section). 

Cross References — Applicability of this section to election of consolidated or 
consolidated line district trustees, see § 37-7-221. 

182 






School Districts; Trustees § 37-7-215 

RESEARCH REFERENCES 

ALR. Application of requirement that 
newspaper be locally published for official 
notice publication. 85 A.L.R.4th 581. 

§ 37-7-215. Time and place of election. 

(1) The following election procedure shall be used in each school district in 
which there are less than three thousand five hundred (3,500) qualified 
electors: 

All such elections shall be held on the first Saturday of March of each year, 
and in such election the polls shall be opened at 2 p.m. and closed at 5 p.m. for 
the first ballot. In the event a runoff be necessary such runoff shall be held two 
(2) weeks thereafter. All such elections shall be held at the schoolhouse of such 
school district; if there be in such school district an elementary school building 
and a high school building at different locations, then the election shall be held 
at the high school building. In the event there are located in such district 
separate buildings at which such election may be held under the provisions of 
this section, then the board of trustees of such school district shall, by an order 
spread upon its minutes, designate the school building at which such election 
shall be held, which said order shall be adopted not less than thirty (30) days 
prior to such election. 

(2) The following election procedure shall be used in each school district in 
which there are three thousand five hundred (3,500) qualified electors or more: 

All such elections shall be held on the first Saturday of March of each year, 
at such time and place as determined by the board of trustees, and in such 
elections the polls shall be opened for not less than three (3) hours for the first 
ballot. In the event a runoff be necessary, such runoff shall be held two (2) 
weeks thereafter. All such elections shall be held at a convenient place. The 
board of trustees of such school district shall, by an order spread upon its 
minutes, designate the time and place or places at which such election shall be 
held, which order shall be adopted not less than thirty (30) days prior to such 
election. 

SOURCES: Codes, 1942, § 6328-09; Laws, 1953, Ex Sess, ch. 12, § 9; Laws, 1962, 
ch. 348; Laws, 1966, ch. 411, § 1; Laws, 1966, ch. 412, § 1; Laws, 1978, ch. 469, 
§ 1, eff from and after May 23, 1978 (the date the United States Attorney 
General interposed no objection under Section 5 of the Voting Rights Act 
of 1965 to the amendment of this section). 

Cross References — Election of trustees from the added territory of certain 
municipal separate school districts, see § 37-7-203. 

Method of conducting election, see § 37-7-217. 

Applicability of this section to election of consolidated or consolidated line district 
trustees, see § 37-7-221. 



183 



§ 37-7-217 Education 

§ 37-7-217. Conduct of election; certification of results; run- 
offs. 

The qualified electors of each school district operating under Section 
37-7-215(1) shall meet at 2 p.m. on the date and at the place specified therein, 
and the qualified electors of each school district operating under Section 
37-7-215(2) shall meet on the date specified therein and at the time and place 
or places specified by the board of trustees of the school district and at such 
meeting the electors shall immediately organize by electing a chairman and a 
secretary of the meeting and shall thereupon proceed to elect the necessary 
number of trustees by secret written ballot from the list of candidates properly 
qualified. If there be an election for a full term and for an unexpired term or 
terms, such election shall be separately held and conducted. The person elected 
shall immediately assume the duties of his office for the full term if said 
election be for the full term, or for the remainder of the unexpired term if said 
election be for an unexpired term. The chairman and secretary of the meeting 
shall forthwith certify the results of the election to the superintendent of the 
municipal separate or special municipal separate school district, as the case 
may be, which said certificate shall be delivered to such superintendent within 
five (5) days following said election. If a person shall not receive a majority of 
the votes cast upon the first ballot, a runoff shall be held between the two (2) 
persons receiving the highest number of votes upon such first ballot, which 
said runoff shall be held two (2) weeks thereafter. No trustees' election shall be 
discontinued or adjourned but same shall be completed upon the day specified 
therefor. 

SOURCES: Codes, 1942, § 6328-09; Laws, 1953, Ex Sess, ch. 12, § 9; Laws, 1962, 
ch. 348; Laws, 1966, ch. 411, § 1; Laws, 1966, ch. 412, § 1; Laws, 1978, ch. 469, 
§ 2; Laws, 1981, ch. 409, § 5, eff from and after July 31, 1981 (the date the 
United States Attorney General interposed no objection under Section 5 of 
the Voting Rights Act of 1965 to the amendment of this section). 

Cross References — Applicability of this section to election of consolidated line 
district trustees, see § 37-7-221. 

ATTORNEY GENERAL OPINIONS 

Statute contains provisions governing statutory provision for compensation of 

conduct of election and provides that qual- individuals who conduct this particular 

ified electors of school district will meet, type of election. Gex, Feb. 7, 1990, A.G. 

organize, and elect trustees; there is no Op. #90-0088. 

§ 37-7-219. Preparation of list of qualified electors; persons 
entitled to vote in elections. 

For the purpose of holding such an election, it shall be the duty of the 
trustees of such school district whose terms do not expire in that year to 
prepare from the records in the office of the county registrar a list of the 
qualified electors of such school district who are eligible to participate in such 

184 



School Districts; Trustees § 37-7-223 

election. Such list shall be furnished to the chairman and secretary of said 
meeting. No person who is not present at the time and place of holding said 
election shall be eligible to vote therein. 

SOURCES: Codes, 1942, § 6328-09; Laws, 1953, Ex Sess, ch. 12, § 9; Laws, 1962, 
ch. 348; Laws, 1966, ch. 411, § 1; Laws, 1966, ch. 412, § 1, eff from and after 
passage (approved February 22, 1966). 

Cross References — Applicability of this section to election of consolidated or 
consolidated line district trustees, see § 37-7-221. 

ATTORNEY GENERAL OPINIONS 

Any expenses involved in preparing and quired to be borne by the school district; 

printing the ballots and the preparation of however, there was no authority for the 

the list of qualified electors in connection compensation of individuals who con- 

with an election and a run-off for the ducted this particular type of election, 

trustee for that part of a school district Freeland, IV, Apr. 19, 2002, A.G. Op. #02- 

that fell outside the city limits was re- 0187. 

§ 37-7-221. Election of consolidated or consolidated line 
school district trustees; procedure generally. 

The election of consolidated or consolidated line school district trustees 
shall be held in the manner provided for in Sections 37-7-223 through 37-7-229 
rather than the method now provided by Sections 37-7-209 through 37-7-219. 

SOURCES: Codes, 1942, §§ 6328-11.3, 6328-11.4; Laws, 1960, ch. 304, §§ 1, 2; 
Laws, 1981, ch. 409, § 6, eff from and after July 31, 1981 (the date the 
United States Attorney General interposed no objection under Section 5 of 
the Voting Rights Act of 1965 to the amendment of this section). 

Cross References — Election of trustees of school districts generally, see §§ 37-7- 
209 to 37-7-229. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 42 CJS. 78 C.J.S., Schools and School Dis- 
et seq. tricts § 118-128. 

§ 37-7-223. Election of consolidated or consolidated line 
school district trustees; time and manner of election. 

All elections of consolidated or consolidated line school district trustees 
shall be held on the first Tuesday after the first Monday in November of each 
year in the same manner as general state and county elections are held and 
conducted. 

SOURCES: Codes, 1942, § 6328-11.4; Laws, 1960, ch. 304, § 2; Laws, 1981, ch. 
409, § 7, eff from and after July 31, 1981 (the date the United States 

185 



§ 37-7-225 Education 

Attorney General interposed no objection under Section 5 of the Voting 
Rights Act of 1965 to the amendment of this section). 

Cross References — Applicability of this section to election of trustees of consoli- 
dated or consolidated line school districts, see §§ 37-7-207, 37-7-221. 

§ 37-7-225. Election of consolidated or consolidated line 
school district trustees; filing of petition of nomination by 
candidate. 

The county election commissioners shall place the name of any person 
eligible to hold the office of trustee on the ballot used in the election, provided 
that such candidate shall have filed with the county registrar, not more than 
ninety (90) days and by 5:00 p.m. not less than sixty (60) days prior to the date 
of such election, a petition of nomination signed by not less than fifty (50) 
qualified electors of the school district. Where there are less than one hundred 
(100) qualified electors in said district, it shall only be required that said 
petition of nomination be signed by at least twenty percent (20%) of the 
qualified electors of such school district. If such person be a candidate for an 
unexpired term, he shall indicate the term for which he is a candidate in such 
petition; otherwise he shall be deemed to be a candidate for a full term. 

If after the time for candidates to file the petition of nomination provided 
for herein there should be only one (1) person to qualify for the office of trustee, 
then no election or notice of election shall be necessary and such person shall, 
if otherwise qualified, be declared elected without opposition. 

SOURCES: Codes, 1942, § 6328-11.4; Laws, 1960, ch. 304, § 2; Laws, 1977, ch. 
425, § 2; Laws, 1982, ch. 356, § 2; Laws, 1989, ch. 392, § 1; Laws, 2000, ch. 
592, § 18, eff from and after July 28, 2000, the date the United States 
Attorney General interposed no objection under Section 5 of the Voting 
Rights Act of 1965 to the amendment of this section. 

Editor's Note — The United States Attorney General, by letter dated July 28, 2000, 
interposed no objection, under Section 5 of the Voting Rights Act of 1965, to the 
amendment of this section by Laws of 2000, ch. 592, § 18. 

Cross References — Applicability of this section to election of trustees of consoli- 
dated or consolidated line school districts, see §§ 37-7-207, 37-7-221. 

§ 37-7-227. Election of consolidated or consolidated line 
school district trustees; ballot; determination of results; 
runoffs. 

The county election commissioners shall indicate on the ballot which of the 
persons whose names appear thereon are candidates for a full term, and which 
of such persons, if any, are candidates for an unexpired term or terms. The 
candidate who receives a majority of the votes cast, either for a full term or for 
an unexpired term or terms, as indicated on the ballot, shall be declared 
elected, and the person or persons elected to a full term shall assume the duties 
of his office on the first day of January of the year following such election. The 

186 



School Districts; Trustees § 37-7-229 

person or persons elected to an unexpired term(s) shall assume office imme- 
diately. If no candidate receives a majority of the votes cast at such election, a 
runoff shall be held in the same manner on the third Tuesday after the first 
Monday in November following such election between the two (2) candidates 
receiving the highest number of votes upon such first ballot. 

SOURCES: Codes, 1942, § 6328-11.4; Laws, 1960, ch. 304, § 2; Laws, 1981, ch. 
409, § 8, eff from and after July 31, 1981 (the date the United States 
Attorney General interposed no objection under Section 5 of the Voting 
Rights Act of 1965 to the amendment of this section). 

Cross References — Applicability of this section to election of trustees of consoli- 
dated or consolidated line school districts, see §§ 37-7-207, 37-7-221. 

§ 37-7-229. Election of consolidated or consolidated line 
school district trustees; preparation of list of qualified elec- 
tors; compensation of election commissioners. 

For the purpose of holding such election, it shall be the duty of the county 
election commissioners to prepare from the records in the office of the county 
registrar a list of the qualified electors of the school district in which such 
election is to be held who are eligible to participate in such election. Such list 
shall be furnished to the election managers in each precinct, together with the 
ballots and other election supplies. 

In the event that any election precinct embraces parts of two or more 
school districts it shall be the duty of the county election commissioners to 
prepare from the records in the office of the county registrar separate lists of 
the qualified electors of each school district who reside in said precinct and who 
are eligible to participate in such election. Said election commissioners shall 
furnish to the election managers in said precinct separate ballots and separate 
ballot boxes and separate voting lists for each school district. 

For each day spent in carrying out the provisions of Sections 37-7-225 
through 37-7-229 the county election commissioners shall be paid at the rate 
prescribed by law. 

SOURCES: Codes, 1942, § 6328-11.4; Laws, 1960, ch. 304, § 2, eff from and after 
passage (approved March 31, 1960). 

Cross References — Applicability of this section to election of trustees of consoli- 
dated or consolidated line school districts, see §§ 37-7-207, 37-7-221. 

ATTORNEY GENERAL OPINIONS 

This section does require that the elec- tricts for each county election precinct 

tion commissioners of each county prepare containing part of the school district, 

separate lists of the qualified electors of Eskridge, August 16, 1996, A.G. Op. #96- 

each of the single-member election dis- 0390. 



187 



§ 37-7-231 Education 

§§ 37-7-231 through 37-7-235. Repealed. 

Repealed by Laws, 1986, ch. 492, § 45, eff from and after July 1, 1987. 
§ 37-7-231. [Codes, 1942, § 6328-22; Laws, 1953, Ex Sess, ch. 17, § 2] 
§ 37-7-233. [Codes, 1942, § 6328-23; Laws, 1953, Ex Sess, ch. 17, § 3] 
§ 37-7-235. [Codes, 1942, § 6328-23.5; Laws, 1964, ch. 418] 

Editor's Note — Former § 37-7-231 related to the organization of the board of 
trustees of school districts. 

Former § 37-7-233 provided for meetings of boards of trustees of municipal separate 
school districts and consolidated school districts. 

Former § 37-7-235 provided for reimbursement of travel expenses for members of the 
board of trustees of municipal separate school districts. 

Article 7. 
Boards of Trustees; General Powers and Duties. 

Sec. 

37-7-301. General powers and duties [Repealed effective June 30, 2009]. 

37-7-301.1. Local school districts granted home rule [Repealed effective June 30, 
2009]. 

37-7-302. Borrowing of funds for removal of asbestos. 

37-7-303. Obtaining of insurance on school property; workers' compensation 

insurance. 

37-7-304. Repealed. 

37-7-305. Leasing of lands for minerals. 

37-7-306. Training and education requirements. 

37-7-307. Regulation of leaves for licensed and nonlicensed employees; employ- 

ment of substitute teachers; donations of leave to other employees; 
accumulated leave; conversion of certain vacation days to sick leave; 
definitions. 

37-7-309. Repealed. 

37-7-311. Organization of school. 

37-7-313. Repealed. 

37-7-315. Designation of school buildings and attendance centers. 

37-7-317. Transfer of school recreational areas to counties and municipalities 

during summer recess. 

37-7-319. Purchase of group liability insurance coverage. 

37-7-321. Employment and designation of peace officers; minimum level of basic 

law enforcement training required; operation of radio broadcasting and 
transmission station; interlocal agreements with other law enforcement 
entities for provision of certain equipment or services. 

37-7-323. Application and enforcement of general criminal laws of state. 

37-7-325. Obtaining funds from Tennessee Valley Authority's Commercial and 

Industrial Energy Conservation Financing Plan. 

37-7-327. Establishment and operation of orphanage public school 

37-7-329. Establishment and operation of schools exclusively for Indians. 

37-7-333. Control of funds for support and maintenance of schools; reports of tax 

collector; deposit of funds. 

37-7-335. Establishment of fees; hardship waiver policy. 

37-7-337. Plan to encourage community involvement in schools [Repealed effec- 

tive June 30, 2009]. 

188 



School Districts; Trustees § 37-7-301 

37-7-339. Extended day and school year programs; funding; authority to adopt 

orders, policies, rules and regulations; goal. 

37-7-341. Expenditure of funds for student field trips to nonprofit museums. 

37-7-343. Authority to enter into contracts for training and professional develop- 

ment of district employees. 

37-7-345. Authorization to establish regional educational service agency; agency 

to be organized as nonprofit tax exempt corporation; operation and 
management by public advisory board; board of directors; Executive 
Director; powers and responsibilities of educational service agency. 

37-7-346. Regional educational service agencies and State Department of Educa- 

tion to jointly develop a plan for increasing duties and responsibilities of 
the agencies. [Repealed effective June 30, 2009]. 

§ 37-7-301. General powers and duties [Repealed effective 
June 30, 2009]. 

The school boards of all school districts shall have the following powers, 
authority and duties in addition to all others imposed or granted by law, to wit: 

(a) To organize and operate the schools of the district and to make such 
division between the high school grades and elementary grades as, in their 
judgment, will serve the best interests of the school; 

(b) To introduce public school music, art, manual training and other 
special subjects into either the elementary or high school grades, as the 
board shall deem proper; 

(c) To be the custodians of real and personal school property and to 
manage, control and care for same, both during the school term and during 
vacation; 

(d) To have responsibility for the erection, repairing and equipping of 
school facilities and the making of necessary school improvements; 

(e) To suspend or to expel a pupil or to change the placement of a pupil 
to the school district's alternative school or homebound program for miscon- 
duct in the school or on school property, as defined in Section 37-11-29, on the 
road to and from school, or at any school-related activity or event, or for 
conduct occurring on property other than school property or other than at a 
school-related activity or event when such conduct by a pupil, in the 
determination of the school superintendent or principal, renders that pupil's 
presence in the classroom a disruption to the educational environment of the 
school or a detriment to the best interest and welfare of the pupils and 
teacher of such class as a whole, and to delegate such authority to the 
appropriate officials of the school district; 

(f) To visit schools in the district, in their discretion, in a body for the 
purpose of determining what can be done for the improvement of the school 
in a general way; 

(g) To support, within reasonable limits, the superintendent, principal 
and teachers where necessary for the proper discipline of the school; 

(h) To exclude from the schools students with what appears to be 
infectious or contagious diseases; provided, however, such student may be 
allowed to return to school upon presenting a certificate from a public health 

189 



§ 37-7-301 Education 

officer, duly licensed physician or nurse practitioner that the student is free 
from such disease; 

(i) To require those vaccinations specified by the State Health Officer as 
provided in Section 41-23-37; 

(j) To see that all necessary utilities and services are provided in the 
schools at all times when same are needed; 

(k) To authorize the use of the school buildings and grounds for the 
holding of public meetings and gatherings of the people under such regula- 
tions as may be prescribed by said board; 

(I) To prescribe and enforce rules and regulations not inconsistent with 
law or with the regulations of the State Board of Education for their own 
government and for the government of the schools, and to transact their 
business at regular and special meetings called and held in the manner 
provided by law; 

(m) To maintain and operate all of the schools under their control for 
such length of time during the year as may be required; 

(n) To enforce in the schools the courses of study and the use of the 
textbooks prescribed by the proper authorities; 

(o) To make orders directed to the superintendent of schools for the 
issuance of pay certificates for lawful purposes on any available funds of the 
district and to have full control of the receipt, distribution, allotment and 
disbursement of all funds provided for the support and operation of the 
schools of such school district whether such funds be derived from state 
appropriations, local ad valorem tax collections, or otherwise. The local 
school board shall be authorized and empowered to promulgate rules and 
regulations that specify the types of claims and set limits of the dollar 
amount for payment of claims by the superintendent of schools to be ratified 
by the board at the next regularly scheduled meeting after payment has been 
made; 

(p) To select all school district personnel in the manner provided by law, 
and to provide for such employee fringe benefit programs, including accident 
reimbursement plans, as may be deemed necessary and appropriate by the 
board; 

(q) To provide athletic programs and other school activities and to 
regulate the establishment and operation of such programs and activities; 

(r) To join, in their discretion, any association of school boards and other 
public school-related organizations, and to pay from local funds other than 
minimum foundation funds, any membership dues; 

(s) To expend local school activity funds, or other available school 
district funds, other than minimum education program funds, for the 
purposes prescribed under this paragraph. "Activity funds" shall mean all 
funds received by school officials in all school districts paid or collected to 
participate in any school activity, such activity being part of the school 
program and partially financed with public funds or supplemented by public 
funds. The term "activity funds" shall not include any funds raised and/or 
expended by any organization unless commingled in a bank account with 

190 



School Districts; Trustees § 37-7-301 

existing activity funds, regardless of whether the funds were raised by school 
employees or received by school employees during school hours or using 
school facilities, and regardless of whether a school employee exercises 
influence over the expenditure or disposition of such funds. Organizations 
shall not be required to make any payment to any school for the use of any 
school facility if, in the discretion of the local school governing board, the 
organization's function shall be deemed to be beneficial to the official or 
extracurricular programs of the school. For the purposes of this provision, 
the term "organization" shall not include any organization subject to the 
control of the local school governing board. Activity funds may only be 
expended for any necessary expenses or travel costs, including advances, 
incurred by students and their chaperons in attending any in-state or 
out-of-state school-related programs, conventions or seminars and/or any 
commodities, equipment, travel expenses, purchased services or school 
supplies which the local school governing board, in its discretion, shall deem 
beneficial to the official or extracurricular programs of the district, including 
items which may subsequently become the personal property of individuals, 
including yearbooks, athletic apparel, book covers and trophies. Activity 
funds may be used to pay travel expenses of school district personnel. The 
local school governing board shall be authorized and empowered to promul- 
gate rules and regulations specifically designating for what purposes school 
activity funds may be expended. The local school governing board shall 
provide (i) that such school activity funds shall be maintained and expended 
by the principal of the school generating the funds in individual bank 
accounts, or (ii) that such school activity funds shall be maintained and 
expended by the superintendent of schools in a central depository approved 
by the board. The local school governing board shall provide that such school 
activity funds be audited as part of the annual audit required in Section 
37-9-18. The State Department of Education shall prescribe a uniform 
system of accounting and financial reporting for all school activity fund 
transactions; 

(t) To contract, on a shared savings, lease or lease-purchase basis, for 
energy efficiency services and/or equipment as provided for in Section 
31-7-14, not to exceed ten (10) years; 

(u) To maintain accounts and issue pay certificates on school food 
service bank accounts; 

(v)(i) To lease a school building from an individual, partnership, non- 
profit corporation or a private for-profit corporation for the use of such 
school district, and to expend funds therefor as may be available from any 
nonminimum program sources. The school board of the school district 
desiring to lease a school building shall declare by resolution that a need 
exists for a school building and that the school district cannot provide the 
necessary funds to pay the cost or its proportionate share of the cost of a 
school building required to meet the present needs. The resolution so 
adopted by the school board shall be published once each week for three (3) 
consecutive weeks in a newspaper having a general circulation in the 

191 



§ 37-7-301 Education 

school district involved, with the first publication thereof to be made not 
less than thirty (30) days prior to the date upon which the school board is 
to act on the question of leasing a school building. If no petition requesting 
an election is filed prior to such meeting as hereinafter provided, then the 
school board may, by resolution spread upon its minutes, proceed to lease 
a school building. If at any time prior to said meeting a petition signed by 
not less than twenty percent (20%) or fifteen hundred (1500), whichever is 
less, of the qualified electors of the school district involved shall be filed 
with the school board requesting that an election be called on the question, 
then the school board shall, not later than the next regular meeting, adopt 
a resolution calling an election to be held within such school district upon 
the question of authorizing the school board to lease a school building. 
Such election shall be called and held, and notice thereof shall be given, in 
the same manner for elections upon the questions of the issuance of the 
bonds of school districts, and the results thereof shall be certified to the 
school board. If at least three-fifths (%) of the qualified electors of the 
school district who voted in such election shall vote in favor of the leasing 
of a school building, then the school board shall proceed to lease a school 
building. The term of the lease contract shall not exceed twenty (20) years, 
and the total cost of such lease shall be either the amount of the lowest and 
best bid accepted by the school board after advertisement for bids or an 
amount not to exceed the current fair market value of the lease as 
determined by the averaging of at least two (2) appraisals by certified 
general appraisers licensed by the State of Mississippi. The term "school 
building" as used in this paragraph (v)(i) shall be construed to mean any 
building or buildings used for classroom purposes in connection with the 
operation of schools and shall include the site therefor, necessary support 
facilities, and the equipment thereof and appurtenances thereto such as 
heating facilities, water supply, sewage disposal, landscaping, walks, 
drives and playgrounds. The term "lease" as used in this paragraph (v)(i) 
may include a lease/purchase contract; 

(ii) If two (2) or more school districts propose to enter into a lease 
contract jointly, then joint meetings of the school boards having control 
may be held but no action taken shall be binding on any such school 
district unless the question of leasing a school building is approved in each 
participating school district under the procedure hereinabove set forth in 
paragraph (v)(i). All of the provisions of paragraph (v)(i) regarding the 
term and amount of the lease contract shall apply to the school boards of 
school districts acting jointly. Any lease contract executed by two (2) or 
more school districts as joint lessees shall set out the amount of the 
aggregate lease rental to be paid by each, which may be agreed upon, but 
there shall be no right of occupancy by any lessee unless the aggregate 
rental is paid as stipulated in the lease contract. All rights of joint lessees 
under the lease contract shall be in proportion to the amount of lease 
rental paid by each; 



192 



School Districts; Trustees § 37-7-301 

(w) To employ all noninstructional and noncertificated employees and 
fix the duties and compensation of such personnel deemed necessary 
pursuant to the recommendation of the superintendent of schools; 

(x) To employ and fix the duties and compensation of such legal counsel 
as deemed necessary; 

(y) Subject to rules and regulations of the State Board of Education, to 
purchase, own and operate trucks, vans and other motor vehicles, which 
shall bear the proper identification required by law; 

(z) To expend funds for the payment of substitute teachers and to adopt 
reasonable regulations for the employment and compensation of such 
substitute teachers; 

(aa) To acquire in its own name by purchase all real property which 
shall be necessary and desirable in connection with the construction, 
renovation or improvement of any public school building or structure. 
Whenever the purchase price for such real property is greater than Fifty 
Thousand Dollars ($50,000.00), the school board shall not purchase the 
property for an amount exceeding the fair market value of such property as 
determined by the average of at least two (2) independent appraisals by 
certified general appraisers licensed by the State of Mississippi. If the board 
shall be unable to agree with the owner of any such real property in 
connection with any such project, the board shall have the power and 
authority to acquire any such real property by condemnation proceedings 
pursuant to Section 11-27-1 et seq., Mississippi Code of 1972, and for such 
purpose, the right of eminent domain is hereby conferred upon and vested in 
said board. Provided further, that the local school board is authorized to 
grant an easement for ingress and egress over sixteenth section land or lieu 
land in exchange for a similar easement upon adjoining land where the 
exchange of easements affords substantial benefit to the sixteenth section 
land; provided, however, the exchange must be based upon values as 
determined by a competent appraiser, with any differential in value to be 
adjusted by cash payment. Any easement rights granted over sixteenth 
section land under such authority shall terminate when the easement ceases 
to be used for its stated purpose. No sixteenth section or lieu land which is 
subject to an existing lease shall be burdened by any such easement except 
by consent of the lessee or unless the school district shall acquire the 
unexpired leasehold interest affected by the easement; 

(bb) To charge reasonable fees related to the educational programs of 
the district, in the manner prescribed in Section 37-7-335; 

(cc) Subject to rules and regulations of the State Board of Education, to 
purchase relocatable classrooms for the use of such school district, in the 
manner prescribed in Section 37-1-13; 

(dd) Enter into contracts or agreements with other school districts, 
political subdivisions or governmental entities to carry out one or more of the 
powers or duties of the school board, or to allow more efficient utilization of 
limited resources for providing services to the public; 

(ee) To provide for in-service training for employees of the district; 

193 



§ 37-7-301 Education 

(ff) As part of their duties to prescribe the use of textbooks, to provide 
that parents and legal guardians shall be responsible for the textbooks and 
for the compensation to the school district for any books which are not 
returned to the proper schools upon the withdrawal of their dependent child. 
If a textbook is lost or not returned by any student who drops out of the 
public school district, the parent or legal guardian shall also compensate the 
school district for the fair market value of the textbooks; 

(gg) To conduct fund-raising activities on behalf of the school district 
that the local school board, in its discretion, deems appropriate or beneficial 
to the official or extracurricular programs of the district; provided that: 

(i) Any proceeds of the fund-raising activities shall be treated as 
"activity funds" and shall be accounted for as are other activity funds 
under this section; and 

(ii) Fund-raising activities conducted or authorized by the board for 
the sale of school pictures, the rental of caps and gowns or the sale of 
graduation invitations for which the school board receives a commission, 
rebate or fee shall contain a disclosure statement advising that a portion 
of the proceeds of the sales or rentals shall be contributed to the student 
activity fund; 

(hh) To allow individual lessons for music, art and other curriculum- 
related activities for academic credit or nonacademic credit during school 
hours and using school equipment and facilities, subject to uniform rules and 
regulations adopted by the school board; 

(ii) To charge reasonable fees for participating in an extracurricular 
activity for academic or nonacademic credit for necessary and required 
equipment such as safety equipment, band instruments and uniforms; 

(jj) To conduct or participate in any fund-raising activities on behalf of 
or in connection with a tax-exempt charitable organization; 

(kk) To exercise such powers as may be reasonably necessary to carry 
out the provisions of this section; 

(11) To expend funds for the services of nonprofit arts organizations or 
other such nonprofit organizations who provide performances or other 
services for the students of the school district; 

(mm) To expend federal No Child Left Behind Act funds, or any other 
available funds that are expressly designated and authorized for that use, to 
pay training, educational expenses, salary incentives and salary supple- 
ments to employees of local school districts; except that incentives shall not 
be considered part of the local supplement as defined in Section 37-151-5(o), 
nor shall incentives be considered part of the local supplement paid to an 
individual teacher for the purposes of Section 37-19-7(1). Mississippi Ade- 
quate Education Program funds or any other state funds may not be used for 
salary incentives or salary supplements as provided in this paragraph (mm); 

(nn) To use any available funds, not appropriated or designated for any 
other purpose, for reimbursement to the state-licensed employees from both 
in state and out of state, who enter into a contract for employment in a school 
district, for the expense of moving when the employment necessitates the 

194 



School Districts; Trustees § 37-7-301 

relocation of the licensed employee to a different geographical area than that 
in which the licensed employee resides before entering into the contract. The 
reimbursement shall not exceed One Thousand Dollars ($1,000.00) for the 
documented actual expenses incurred in the course of relocating, including 
the expense of any professional moving company or persons employed to 
assist with the move, rented moving vehicles or equipment, mileage in the 
amount authorized for county and municipal employees under Section 
25-3-41 if the licensed employee used his personal vehicle or vehicles for the 
move, meals and such other expenses associated with the relocation. No 
licensed employee may be reimbursed for moving expenses under this 
section on more than one (1) occasion by the same school district. Nothing in 
this section shall be construed to require the actual residence to which the 
licensed employee relocates to be within the boundaries of the school district 
that has executed a contract for employment in order for the licensed 
employee to be eligible for reimbursement for the moving expenses. How- 
ever, the licensed employee must relocate within the boundaries of the State 
of Mississippi. Any individual receiving relocation assistance through the 
Critical Teacher Shortage Act as provided in Section 37-159-5 shall not be 
eligible to receive additional relocation funds as authorized in this para- 
graph; 

(oo) To use any available funds, not appropriated or designated for any 
other purpose, to reimburse persons who interview for employment as a 
licensed employee with the district for the mileage and other actual expenses 
incurred in the course of travel to and from the interview at the rate 
authorized for county and municipal employees under Section 25-3-41; 

(pp) Consistent with the report of the Task Force to Conduct a Best 
Financial Management Practices Review, to improve school district manage- 
ment and use of resources and identify cost savings as established in Section 
8 of Chapter 610, Laws of 2002, local school boards are encouraged to 
conduct independent reviews of the management and efficiency of schools 
and school districts. Such management and efficiency reviews shall provide 
state and local officials and the public with the following: 

(i) An assessment of a school district's governance and organizational 
structure; 

(ii) An assessment of the school district's financial and personnel 
management; 

(hi) An assessment of revenue levels and sources; 

(iv) An assessment of facilities utilization, planning and mainte- 
nance; 

(v) An assessment of food services, transportation and safety/security 
systems; 

(vi) An assessment of instructional and administrative technology; . 

(vii) A review of the instructional management and the efficiency and 
effectiveness of existing instructional programs; and 

(viii) Recommended methods for increasing efficiency and effective- 
ness in providing educational services to the public; 

195 



§ 37-7-301 Education 

(qq) To enter into agreements with other local school boards for the 
establishment of an educational service agency (ESA) to provide for the 
cooperative needs of the region in which the school district is located, as 
provided in Section 37-7-345. This paragraph shall repeal on July 1, 2010; 
(rr) To implement a financial literacy program for students in Grades 
10 and 11. The board may review the national programs and obtain free 
literature from various nationally recognized programs. After review of the 
different programs, the board may certify a program that is most appropri- 
ate for the school districts' needs. If a district implements a financial literacy 
program, then any student in Grade 10 or 11 may participate in the program. 
The financial literacy program shall include, but is not limited to, instruction 
in the same areas of personal business and finance as required under Section 
37-l-3(2)(b). The school board may coordinate with volunteer teachers from 
local community organizations, including, but not limited to, the following: 
United States Department of Agriculture Rural Development, United States 
Department of Housing and Urban Development, Junior Achievement, 
bankers and other nonprofit organizations. Nothing in this paragraph shall 
be construed as to require school boards to implement a financial literacy 
program; 

(ss) To collaborate with the State Board of Education, Community 
Action Agencies or the Department of Human Services to develop and 
implement a voluntary program to provide services for a full-day prekinder- 
garten program that addresses the cognitive, social, and emotional needs of 
four-year-old and three-year-old children. The school board may utilize 
nonstate source special funds, grants, donations or gifts to fund the volun- 
tary program; 

(tt) With respect to any lawful, written obligation of a school district, 
including, but not limited to, leases (excluding leases of sixteenth section 
public school trust land), bonds, notes, or other agreement, to agree in 
writing with the obligee that the State Tax Commission or any state agency, 
department or commission created under state law may: 

(i) Withhold all or any part (as agreed by the school board) of any 
monies which such local school board is entitled to receive from time to 
time under any law and which is in the possession of the State Tax 
Commission, or any state agency, department or commission created 
under state law; and 

(ii) Pay the same over to any financial institution, trustee or other 
obligee, as directed in writing by the school board, to satisfy all or part of 
such obligation of the school district. 

The school board may make such written agreement to withhold and 
transfer funds irrevocable for the term of the written obligation and may 
include in the written agreement any other terms and provisions acceptable 
to the school board. If the school board files a copy of such written agreement 
with the State Tax Commission, or any state agency, department or 
commission created under state law then the State Tax Commission or any 
state agency, department or commission created under state law shall 

196 



School Districts; Trustees § 37-7-301 

immediately make the withholdings provided in such agreement from the 
amounts due the local school board and shall continue to pay the same over 
to such financial institution, trustee or obligee for the term of the agreement. 

This paragraph (tt) shall not grant any extra authority to a school board 
to issue debt in any amount exceeding statutory limitations on assessed 
value of taxable property within such school district or the statutory 
limitations on debt maturities, and shall not grant any extra authority to 
impose, levy or collect a tax which is not otherwise expressly provided for, 
and shall not be construed to apply to sixteenth section public school trust 
land; 

(uu) With respect to any matter or transaction that is competitively bid 
by a school district, to accept from any bidder as a good faith deposit or bid 
bond or bid surety, the same type of good faith deposit or bid bond or bid 
surety that may be accepted by the state or any other political subdivision on 
similar competitively bid matters or transactions. This paragraph (uu) shall 
not be construed to apply to sixteenth section public school trust land. The 
school board may authorize the investment of any school district funds in the 
same kind and manner of investments, including pooled investments, as any 
other political subdivision, including community hospitals; 

(w) To utilize the alternate method for the conveyance or exchange of 
unused school buildings and/or land, reserving a partial or other undivided 
interest in the property, as specifically authorized and provided in Section 
37-7-485, Mississippi Code of 1972; 

(ww) To delegate, privatize or otherwise enter into a contract with 
private entities for the operation of any and all functions of nonacademic 
school process, procedures and operations including, but not limited to, 
cafeteria workers, janitorial services, transportation, professional develop- 
ment, achievement and instructional consulting services materials and 
products, purchasing cooperatives, insurance, business manager services, 
auditing and accounting services, school safety/risk prevention, data pro- 
cessing and student records, and other staff services; however, the authority 
under this paragraph does not apply to the leasing, management or 
operation of sixteenth section lands. Local school districts, working through 
their regional education service agency, are encouraged to enter into buying 
consortia with other member districts for the purposes of more efficient use 
of state resources as described in Section 37-7-345; 

(xx) To partner with entities, organizations and corporations for the 
purpose of benefiting the school district; and 

(yy) To borrow funds from the Rural Economic Development Authority 
for the maintenance of school buildings. 

SOURCES: Codes, 1942, § 6328-24; Laws, 1953, Ex Sess, ch. 28, § 2; Laws, 1970, 
ch. 373, § 1; Laws, 1971, ch. 340, § 1; Laws, 1982, ch. 466, § 1; Laws, 1985, ch. 
466, § 1; Laws, 1985, ch. 493, § 3; Laws, 1986, ch. 415, § 3; Laws, 1986, ch. 
433, § 18; Laws, 1986, ch. 492, § 9; Laws, 1987, ch. 307, § 4; Laws, 1989, ch. 
585, § 6; Laws, 1990, ch. 535, § 4; Laws, 1993, ch. 549, § 1; Laws, 1993, ch. 
562, § 1; Laws, 1995, ch. 515, § 1; Laws, 1995, ch. 344, § 3; Laws, 1995, ch. 

197 



§ 37-7-301 Education 

426, § 2; Laws, 1996, ch. 437, § 1; Laws, 2000, ch. 370, § 4; Laws, 2000, ch. 
559, § 1; Laws, 2004, ch. 408, § 2; Laws, 2004, ch. 485, § 1; Laws, 2004, ch. 
563, § 1; Laws, 2005, ch. 394, § 1; Laws, 2005, ch. 540, § 2; Laws, 2006, ch. 
390, § 1; Laws, 2006, ch. 417, § 14; Laws, 2007, ch. 416, § 2, eff from and after 
June 30, 2007. 

Joint Legislative Committee Note — Section 4 of ch. 370, Laws of 2000, effective 
from and after July 1, 2000 (approved April 14, 2000), amended this section. Section 1 
of ch. 559, Laws of 2000, effective from and after July 1, 2000 (approved May 20, 2000), 
also amended this section. As set out above, this section reflects the language of both 
amendments pursuant to Section 1-1-109 which gives the Joint Legislative Committee 
on Compilation, Revision and Publication of Legislation authority to integrate amend- 
ments so that all versions of the same code section enacted within the same legislative 
session may become effective. The Joint Committee on Compilation, Revision and 
Publication of Legislation ratified the integration of these amendments as consistent 
with the legislative intent at the June 29, 2005 meeting of the Committee. 

Section 2 of ch. 408 Laws of 2004, effective from and after June 30, 2004 (approved 
April 26, 2004), amended this section. Section 1 of ch. 485, Laws of 2004, effective from 
and after July 1, 2004 (approved May 1, 2004), also amended this section. Section 1 of 
ch. 563, Laws of 2004 effective from and after July 1, 2004 (approved May 14, 2004), 
also amended this section. As set out above, this section reflects the language of Section 
1 of ch. 563, Laws of 2004, pursuant to Section 1-3-79 which provides that whenever the 
same section of law is amended by different bills during the same legislative session, 
and the effective dates of the amendments are the same, the amendment with the latest 
approval date shall supersede all other amendments to the same section approved on an 
earlier date. 

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, 
Revision and Publication of Legislation corrected a typographical error in (qq). "Section 
37-7-345" was substituted for "Section 1 of Senate Bill No. 3016, 2004 Regular Session" 
at the end of the first sentence. 

Section 2 of ch. 540 Laws of 2005, effective from and after passage (approved April 20, 
2005), amended this section. Section 1 of ch. 394, Laws of 2005, effective July 1, 2005 
(approved March 16, 2005), also amended this section. As set out above, this section 
reflects the language of both amendments pursuant to Section 1-1-109, which gives the 
Joint Legislative Committee on Compilation, Revision and Publication of Legislation 
authority to integrate amendments so that all versions of the same code section enacted 
within the same legislative session may become effective. The Joint Committee on 
Compilation, Revision and Publication of Legislation ratified the integration of these 
amendments as consistent with the legislative intent at the June 29, 2005 meeting of 
the Committee. 

Section 1 of ch. 390, Laws of 2006, effective from and after July 1, 2006 (approved 
March 13, 2006), amended this section. Section 14 of ch. 417, Laws of 2006, effective 
from and after July 1, 2006 (approved March 15, 2006), also amended this section. As 
set out above, this section reflects the language of both amendments pursuant to 
Section 1-1-109 which gives the Joint Legislative Committee on Compilation, Revision 
and Publication of Legislation authority to integrate amendments so that all versions 
of the same code section enacted within the same legislative session may become 
effective. The Joint Committee on Compilation, Revision and Publication of Legislation 
ratified the integration of these amendments as consistent with the legislative intent at 
the May 31, 2006 meeting of the Committee. 

Editor's Note — Laws of 1989, ch. 585, § 9, provides as follows: 

"SECTION 9. If any section, paragraph, sentence, clause, phrase or any part of this 
act is declared to be unconstitutional or void, or if for any reason is declared to be 
invalid or of no effect, the remaining sections, paragraphs, sentences, clauses, phrases 

198 



School Districts; Trustees § 37-7-301 

or parts thereof shall be in no manner affected thereby but shall remain in full force and 
effect." 

Laws of 1990, ch. 588, § 7, amended this section effective July 1, 1990, provided that 
the Legislature by concurrent resolution adopted by the House and Senate in session 
prior to July 1, 1990 declare that sufficient funds were dedicated and made available for 
the implementation of Chapter 588. However, such funds were not made available by 
the Legislature prior to July 1, 1990, and by direction of the Office of the Attorney 
General of the State of Mississippi the amendatory provisions were not implemented. 
The text of the amendment can be found in the Advance Sheet Acts of the 1990 
Legislative Session published by the Secretary of State's Office, Jackson, Mississippi. 

Laws of 1996, ch. 437, § 2, provides as follows: 

"SECTION 2. Any actions taken by school officials prior to the effective date of this act 
which are specifically authorized herein, are hereby ratified, approved and confirmed." 

Laws of 2006, ch. 417, § 15 provides: 

"SECTION 15. This act shall take effect and be in force from and after July 1, 2006, 
and shall stand repealed on June 30, 2009." 

Amendment Notes — The first 2005 amendment (ch. 394) added the last sentence 
in (o). 

The second 2005 amendment (ch. 540) added (tt) through (w). 

The first 2006 amendment (ch. 390), in (v)(i), substituted "paragraph (v)(i)" for "item 
(v)" near the beginning of the next-to-last sentence, and substituted "paragraph (v)(i)" 
for "item (v)(i)" in the last sentence; in (v)(ii), substituted "paragraph (v)(i)" for "item 
(v)(i)" in the first and second sentences; in (uu), substituted "paragraph (uu)" for "item 
(uu)" in the second sentence; added (ww) and (xx); and made minor stylistic changes. 

The second 2006 amendment (ch. 417), substituted "The State Department of 
Education" for "The State Auditor" at the beginning of the last sentence in (s); in (v)(i), 
substituted "as used in paragraph (v)(i)" for "as used in item (v)" in the next-to-last 
sentence and "as used in this paragraph" for "as used in this item" in the last sentence; 
deleted the former last two sentences of (ee), which read: "Until June 30, 1994, the 
school boards may designate two (2) days of the minimum school term, as defined in 
Section 37-19-1 for employee in-service training for implementation of the new 
statewide testing system as developed by the State Board of Education. Such designa- 
tion shall be subject to approval by the State Board of Education pursuant to uniform 
rules and regulations"; in (uu), substituted "This paragraph (uu)" for "This subsection 
(uu)" in the next-to-last sentence; added (ww), (xx) and (yy); and made minor stylistic 
changes. 

The 2007 amendment extended the date of the repealer in (qq) from July 1, 2007, 
until July 1, 2010. 

Cross References — Cooperation in carrying out provisions regarding job develop- 
ment and training, see § 7-1-365. 

Power of the state department of audit to audit the accounts of any school district, 
including activity funds, see § 7-7-211. 

Public contracts for energy efficiency services, see § 31-7-14. 

State Board of Education generally, see §§ 37-1-1 et seq. 

State Department of Education generally, see §§ 37-3-1 et seq. 

Provisions providing that all public school districts have a common system of 
administration after July 1, 1987, see §§ 37-6-1 et seq. 

Emergency School Leasing Authority Act of 1986, see §§ 37-7-351 through 37-7-359. 

Power of boards of trustees of school districts to require physical examinations of 
school employees, see § 37-11-17. 

School district's discipline plan, and recovery of damages from parent for child's 
destructive acts against school property, see § 37-11-53. 

Code of student conduct, see § 37-11-55. 

Inclusion of immunization information in pupils' permanent records, see § 37-15-1. 

Establishment of graduation standards, see § 37-16-7. 

199 



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Education 



Authority of State Board of Education as to school districts declared to be in a state 
of emergency, see § 37-17-13. 

Establishment and maintenance of drivers' education courses by school boards, see 
§ 37-25-3. 

Letting of contracts and making of purchases by boards of trustees for school 
equipment and supplies, see §§ 37-39-1 et seq. 

Pledge of monies from Education Enhancement Fund to pay debt service on debt 
issued under this section, see § 37-61-33. 

Conditions for closing schools by boards of trustees, see §§ 37-65-101 et seq. 

Mississippi Adequate Education Program created, see §§ 37-151-1 et seq. 

Mississippi Critical Teacher Shortage Act, see §§ 37-159-1 et seq. 

Prohibition against attendance of school by unvaccinated children, see § 41-23-37. 

Application of Energy Management Law to property of public school districts, see 
§ 57-39-103. 

Roads, driveways and parking areas on school district property, and expenditure of 
funds for their construction and upkeep, see § 65-7-74. 

Federal Aspects — No Child Left Behind Act of 2001, PL. 107-110, 115 Stat. 1425, 
see 20 USCS §§ 6301 et seq. 

JUDICIAL DECISIONS 



1. In general. 

2. Employment. 

3. Expenditures. 

4. Student rights and discipline. 

5. Suit for damages. 

6. Miscellaneous. 

1. In general. 

Where plaintiff parent sued defendant 
school district in state court alleging her 
child was sexually assaulted at school and 
obtained a judgment under the Missis- 
sippi Tort Claims Act, her later claims in 
federal court were properly held as barred 
due to res judicata; while school districts' 
sources of funding under Miss. Code Ann. 
§§ 37-45-21, 37-47-1 et seq., 37-57-1, 37- 
59-3, and 37-151-7 were equally divided 
between local school districts and the 
state under Miss. Code Ann. §§ 11-46-7, 
11-46-16(2), and § 11-46-17(2), any judg- 
ment against the school district would be 
paid through the Tort Claims Fund and 
excess liability insurance, and thus, the 
school district was not considered an arm 
of the state entitled to Eleventh Amend- 
ment immunity. Black v. N. Panola Sch*. 
Dist., 461 F.3d 584 (5th Cir. 2006). 

In the construction and erection of ele- 
mentary and junior high schools and the 
preparation of school grounds, trustees of 
the city municipal separate school district 
were exercising power conferred upon 
them by the Constitution and the legisla- 



ture, and were not agents of the city. 
Harrell v. City of Jackson, 229 Miss. 815, 
92 So. 2d 240 (1957). 

2. Employment. 

A school board has the authority to 
employ and fix the duties and compensa- 
tion of non-instructional personnel. 
Yarbrough v. Camphor, 645 So. 2d 867 
(Miss. 1994). 

Where the minutes showed that the 
board of trustees of a school district at a 
meeting for the purpose of choosing teach- 
ers for the following school term selected 
petitioner, along with others, as teachers, 
and that the board would require teachers 
without degrees to take summer work 
towards them, but did not indicate that 
this provision was a condition precedent 
or subsequent to the employment contract 
of the teachers so elected, failure of peti- 
tioner to attend summer school did not 
automatically invalidate her contract, and 
the board of trustees could only remove 
her under the provisions of § 26, chapter 
20, Laws of 1953, extraordinary session 
[Miss. Code Ann. § 37-9-59]. Cheatham v. 
Smith, 229 Miss. 803, 92 So. 2d 203 
(1957). 

3. Expenditures. 

A school board's posting of a perfor- 
mance bond for the benefit of a private 
construction company in connection with 
its job training program was an illegal 



200 



School Districts; Trustees 



§ 37-7-301 



expenditure; by posting a performance 
bond as guarantor for a private company, 
the school board far exceeded its statutory 
authority to conduct vocational education 
training, and therefore personal liability 
for the illegal expenditure would be im- 
posed on board members. Smith v. Dorsey, 
599 So. 2d 529 (Miss. 1992). 

A school board's expenditures of 
$21,548.92 to pay campaign workers to 
promote passage of a bond referendum for 
new school buildings and $945.03 for 
lunch for poll workers on election day 
constituted illegal expenditures since a 
school district is without explicit or im- 
plicit statutory authority to expend tax- 
payer funds in a promotional effort for the 
passage of a bond referendum; neither 
§§ 37-59-1 et seq., which are devoted to 
school bonds and obligations, nor subsec- 
tion (d) of this section, which empowers 
local school districts to construct schools, 
authorize a school board to spend public 
funds to promote passage of a bond issue, 
and therefore board members who voted 
affirmatively for the advertising budget 
from which the expenditures were made 
would be personally liable for the illegal 
expenditures. Smith v. Dorsey, 599 So. 2d 
529 (Miss. 1992). 

4. Student rights and discipline. 

School district's alcohol policy was not 
facially overbroad as applied to conduct of 
student who admitted consuming alcohol 
before entering school property to attend 
school athletic function; policy validly ap- 
plied to student's conduct, district was 
constitutionally permitted to proscribe 
consumption of alcohol within limits, and 
policy was susceptible to narrowing inter- 
pretation. Board of Trustees v. T.H. ex rel. 
T.H., 681 So. 2d 110 (Miss. 1996). 

High school principal's deletion from 
school-sponsored student newspaper of 
pages containing articles he reasonably 
considered objectionable did not violate 
student's First Amendment rights. 
Hazelwood Sch. Dist. v. Kuhlmeier, 484 
U.S. 260, 108 S. Ct. 562, 98 L. Ed. 2d 592 
(1988), on remand, 840 F.2d 596 (8th Cir. 
Mo. 1988). 

A denial of a list of witnesses does not 
always amount to a prejudicial denial of 
due process, particularly where student 
witnesses in a school disciplinary proceed- 



ing are involved, since a school board has 
not been given the power of subpoena. 
However, school boards should be espe- 
cially sensitive to the right of students to 
know the complete nature of the charges, 
especially where charges of misconduct 
are denied and proof is based solely on 
testimony of other students. Although 
confrontation may not be an absolute ne- 
cessity — or even advisable — in every 
case, written statements should ordinar- 
ily be provided. Findings of fact should be 
made, especially where there are multiple 
allegations. School boards should take 
note that although courts should not be- 
come involved in running schools, expul- 
sion and suspension are severe sanctions 
requiring solemn attention to a pupil's 
rights. Jones v. Board of Trustees of Pas- 
cagoula Mun. Separate Sch. Dist., 524 So. 
2d 968 (Miss. 1988). 

A high school sophomore who, along 
with a schoolmate, drank 2 or 3 sips of 
beer at her home before leaving for school, 
was denied procedural due process when, 
despite there being no school board rule 
prohibiting the drinking of beer by stu- 
dents at home, the school board took away 
all her school credits for the semester as 
punishment for drinking the beer, and, 
again, where procedures for a de novo 
hearing before the school board were ig- 
nored. Warren County Bd. of Educ. v. 
Wilkinson ex rel. Wilkinson, 500 So. 2d 
455 (Miss. 1986). 

As matter of state substantive due pro- 
cess, school board's disciplinary rule or 
scheme is constitutionally enforceable 
where, fairly viewed, it furthers substan- 
tial legitimate interest of school district; 
authority vested in school boards consis- 
tent with constitutional limitation in- 
cludes substantial discretion with respect 
to administration of punishment to stu- 
dent who violates school rule. Clinton 
Mun. Separate Sch. Dist. v. Byrd, 477 So. 
2d 237 (Miss. 1985). 

A rule promulgated by a school princi- 
pal, pursuant to authority delegated to 
the principal by the board of trustees to 
decide whether "a student's hair is too 
long," that male students should not wear 
their hair longer than two inches above 
the eyebrows, had a rational basis to pre- 
vent disruption of the atmosphere of 



201 



§ 37-7-301 



Education 



learning and was not an improper inva- 
sion of family privacy. Shows v. Freeman, 
230 So. 2d 63 (Miss. 1969). 

5. Suit for damages. 

A school district was expressly and im- 
pliedly, both by statute and case law, au- 
thorized to file and pursue a claim for 
damages resulting from the alleged faulty 
construction of a school building against 
the contractor, the architect, the bonding 
company, the subcontractors, and the fur- 
nishers of building materials, under § 11- 
45-11, since the district had responsibility 
for the erection, repairing and equipping 
of school facilities pursuant to § 37-7-619 
[repealed], and since § 7-5-1 did not re- 
quire that the action be brought by the 
Attorney General, in that the subject mat- 
ter of the allegations was an isolated con- 
tract and its alleged breach resulting in a 
defective school roof, which was hardly a 
matter of state-wide interest. Grenada 
Mun. Separate Sch. Dist. v. Jesco, Inc., 
449 So. 2d 226 (Miss. 1984). 

A municipal separate school district 
may bring suit for alleged damages result- 
ing from the alleged faulty construction of 
a district's school building against the 
contractor, the architect, the bonding com- 
pany, the sub-contractors, and the fur- 
nishers of building materials. Grenada 
Mun. Separate Sch. Dist. v. Jesco, Inc., 
449 So. 2d 226 (Miss. 1984). 

6. Miscellaneous. 

Youth court had jurisdiction to order 
reenrollment of student suspended for vi- 



olation of school district's alcohol policy. 
Board of Trustees v. T.H. ex rel. T.H., 681 
So. 2d 110 (Miss. 1996). 

A public school board had the authority 
to consolidate schools within its district 
and to reassign students en masse; the 
plan was not a "reorganization of the 
school district" within the meaning of 
§ 37-7-105. Section 37-7-105 and its peti- 
tion, publication and referendum proce- 
dures do not apply to everything the 
school board may wish to abolish, alter or 
reorganize. The statute applies only 
where the school board "abolishes, alters 
or reorganizes a school district." The 
phrase "school district" imports the geo- 
graphic boundaries of the district and 
perhaps the corporate organization or 
structure thereof. The school board's plan 
did not alter the existing structure of the 
school district, which remained a county- 
wide district, and did not reorganize cor- 
porate structure, and therefore §§ 37-7- 
103 and 37-7-105 did not apply. Citizens 
Involved Voluntarily In Consolidation 
(CIVIC) v. Wayne County Bd. of Educ, 
574 So. 2d 619 (Miss. 1990). 

Notice procedure set forth in Leasing 
Act [Miss. Code Ann. § 37-7-301] is con- 
stitutionally adequate, since it is reason- 
ably calculated, under all circumstances, 
to apprise interested parties of pendency 
of action and afford them opportunity to 
present objections. Cox v. Jackson Mun. 
Separate Sch. Dist., 503 So. 2d 265 (Miss. 
1987). 



ATTORNEY GENERAL OPINIONS 



School board is not authorized to enter 
into an owner financed purchase agree- 
ment for the purchase of land. Bailey, Jan. 
7, 1992, A.G. Op. #91-0959. 

School board attorney may be compen- 
sated for all legal services contracted for 
and performed including legal services in 
conjunction with bond issues, subject to 
statutory fee limitations. King, August 5; 
1992, A.G. Op. #92-0553. 

Local public school districts have neces- 
sary implied authority to purchase con- 
tracts for liability insurance if they deter- 
mine such is in best interest of districts. 
Watkins, Sept. 10, 1992, A.G. Op. #92- 
0731. 



School board could not purchase utility 
vehicle to be operated by employee of 
State Forestry Commission in perfor- 
mance of forestry services for school dis- 
trict. Badon, Oct. 14, 1992, A.G. Op. #92- 
0788. 

School board may, pursuant to this sec- 
tion, set reasonable regulations for gover- 
nance of schools including permitting of 
solicitation, as in case of various music 
supply companies presenting their prod- 
ucts to new band members; this solicita- 
tion must be in connection with school- 
sponsored program, and parents or 
children who so request should be allowed 
to view products of any business which 



202 



School Districts; Trustees 



§ 37-7-301 



provides product, if only that business is 
given access to school; to permit solicita- 
tion by businesses for products unrelated 
to school-sponsored course or event may 
be violation of Constitution and may im- 
pair efficient operation of school. Young, 
Feb. 3, 1993, A.G. Op. #93-0070. 

Statute allows school district to employ 
counsel as it deems necessary to represent 
it in any action at law; however, it does not 
authorize payment of fees for attorney 
employed by and representing private 
group in action to which district is not 
party; such would be violation of Article 4, 
Section 66 of Mississippi Constitution of 
1890 Andrews Oct. 29, 1993, A.G. Op. 
#93-0777. 

In regard to personnel matters, Sections 
37-9-3, 37-7-301(w), 37-9-15, 37-9-17, 37- 
9-105 and 37-9-59, with the exception of 
the step-aside provisions of 37-9-17, re- 
quire the recommendation of the superin- 
tendent before the board may act upon the 
employment of non-instructional employ- 
ees and certificated employees. Hand, 
February 1, 1995, A.G. Op. #95-0008. 

Travel expenses of school board mem- 
bers are governed by subsection (o) of this 
section and § 37-6-13 and a school board 
may approve travel expenses of their 
membership without the superintendent's 
recommendation. Hand, February 1, 
1995, A.G. Op. #95-0008. 

Travel expenses of non-school board 
personnel requires the approval of the 
school board pursuant to Section 37-9- 
14(7) and subsection (o) of this section. 
Hand, February 1, 1995, A.G. Op. #95- 
0008. 

Subsection (w) of this section authorizes 
the school board to employ registered lob- 
byists to represent the board's interest 
before the Mississippi Legislature and its 
committees if the superintendent or ad- 
ministrative superintendent recommends 
it, and the school board finds that such 
action is necessary to the carrying out of a 
lawful school board function. Barrett, July 
27, 1995, A.G. Op. #95-0493. 

Subsection (dd) of this section for school 
districts and Section 21-17-5, the home 
rule authority for municipalities, provide 
specific authority for the school district 
and the city to enter into the Interlocal 
Agreement for the provision of printing 



services by the school district to the city, 
provided adequate consideration is re- 
ceived in return. Cochran, December 20, 
1995, A.G. Op. #95-0730. 

Subsection (aa) of this section includes 
the power to lease property such as a 
parking lot for use by an existing school 
building upon the requisite findings that 
the property is necessary and desirable in 
connection with the operation of the 
school building. Caves, November 1, 1996, 
A.G. Op. #96-0709. 

A county board of supervisors does not 
have the power to lease real property from 
a school district for the purpose of subse- 
quently subleasing the property to citi- 
zens of the county to be used as a commu- 
nity recreational facility. Lamar, July 18, 
1997, A.G. Op. #97-0429. 

A public school district is authorized to 
enter into a contract for Medicaid reim- 
bursement billing services, and such con- 
tract may provide for compensation at a 
rate determined by the district board to be 
reasonable and commensurate with the 
services provided. Turner, July 25, 1997, 
A.G. Op. #97-0430. 

A school board may contract with an 
investment advisor to provide services 
and pay a fixed, percentage fee based upon 
the assets managed by the advisor so long 
as the board finds that the fee is reason- 
able and commensurate with the services 
provided. Turner, August 28, 1998, A.G. 
Op. #98-0475. 

A school district and a city may enter 
into an interlocal agreement for the pro- 
vision of traffic control, although the duty 
to enforce traffic regulations lies with the 
police department and it can not withhold 
its services solely because of the lack of 
such an agreement. Noble, January 15, 
1999, A.G. Op. #98-0714. 

A school district is authorized to pur- 
chase property or exercise the right of 
eminent domain. Bryant, January 15, 
1999, A.G. Op. #98-0725. 

If property is subject to a present lease 
with the term expiring in the future, the 
school district may acquire the property 
subject to the lease. Bryant, January 15, 
1999, A.G. Op. #98-0725. 

Assuming that a drug testing program 
meets the constitutional standards estab- 
lished in Vernonia School Dist. 47J v. 



203 



§ 37-7-301 



Education 



Acton, 115 S. Ct 2386 (1995), and there 
are factual findings on the board minutes 
in accord with these standards, then the 
school board has the authority to pay for 
the cost of such a program out of mainte- 
nance funds. Wallace, January 29, 1999, 
A.G. Op. #98-0803. 

If a mandatory school uniform rule fur- 
thers a substantial, legitimate interest of 
the school district, as determined by the 
school board, then it is within the discre- 
tion of a school board, with proper notice, 
to prescribe the discipline to be adminis- 
tered for the violation of the rule or regu- 
lation; assuming that the child is finan- 
cially able to purchase the required 
uniform, a school district may administer, 
subject to procedural due process, appro- 
priate disciplinary measures for refusal to 
comply with the school rule, including 
suspension or expulsion; however, long 
term out-of-school suspension or expul- 
sion for violation of a school uniform pol- 
icy is not permitted. Smith, June 11, 1999, 
A.G. Op. #99-0274. 

At athletic and student recognition ban- 
quets, meals may be provided by the 
school board for students, parents, and 
employees of the district. Bryant, July 30, 
1999, A.G. Op. #99-0380. 

Both the GECIC and the GCCF are 
organizations to which a school board may 
pay dues, and once dues are paid into a 
private organization, the funds are no 
longer public funds and are no longer 
restricted by the laws governing state 
agencies' investments and expenditures. 
Dukes, August 20, 1999, A.G. Op. #99- 
0397. 

A school board may, with proper notice, 
adopt a rule wherein further property 
belonging to the school may be withheld 
from a student who has lost, destroyed, or 
damaged school property entrusted to him 
or her until such time as the student or 
parents reimburse the school for the prop- 
erty. Chaney, Jr., Jan. 28, 2000, A.G. Op. 
#99-0723. 

Subsection (s) discusses two separate 
issues related to activity funds; the first 
issue is the "necessary expenses or travel 
costs ... incurred by students and their 
chaperons," and the second issue is "any 
commodities, equipment ... which may 
become the personal property of individu- 



als." Bryant, May 19, 2000, A.G. Op. 
#2000-0186. 

The term "individuals," as used in sub- 
section (s), refers to the students of the 
local school district. Bryant, May 19, 

2000, A.G. Op. #2000-0186. 
Subsection (aa) allows a school board to 

acquire real property, so long as no 
amount is paid for interest or financing of 
the purchase. Mitchell, June 9, 2000, A.G. 
Op. #2000-0266. 

Organizations may be permitted to uti- 
lize school facilities without charge for 
rent or utilities, as long as the school 
board makes a finding that the organiza- 
tion's use of the property is beneficial to 
the official or extracurricular programs of 
the school. Compretta, July 28, 2000, A.G. 
Op. #2000-0425. 

A school board is authorized to expend 
funds for the purpose of renovating and 
adding on to the office of the superinten- 
dent of education if such is reasonably 
necessary for the performance of duties. 
Gex, Oct. 6, 2000, A.G. Op. #2000-0555. 

The school board of a county school 
district does not have authority to employ 
or re-employ a non-instructional employee 
if the superintendent does not recommend 
the employee to the board. Boyles, Mar. 2, 

2001, A.G. Op. #01-0116. 

A school board can adopt a policy which 
addresses non-employees, as long as the 
policy is consistent with all laws and State 
Board of Education regulations, and a 
school district may, in the exercise of its 
authority to provide a safe and secure 
environment for its students, prohibit or 
otherwise restrict a convicted felon from 
working with students on campus. Tutor, 
Mar. 20, 2001, A.G. Op. #01-0688. 

A school district may contract with non- 
instructional and noncertified employees 
in accordance with the fluctuating work- 
week scheme as defined by the federal 
Fair Labor Standards Act. Adams, Sept. 
28, 2001, A.G. Op. #01-0601. 

A school board may set the salary for 
any superintendent, principal, or licensed/ 
certificated employee at the amount the 
board deems appropriate. Mayfield, July 
19, 2002, A.G. Op. #02-0291. 

Allowing independent contractors to es- 
tablish concession areas on school prop- 
erty during extracurricular events consti- 



204 



School Districts; Trustees 



§ 37-7-301 



tutes the granting of a license for which it 
would require the approval of the school 
board and the assessment of a reasonable 
fee, which could be in the form of a nego- 
tiated percentage of all sales of food and 
beverages at the events. Adams, Sept. 27, 
2002, A.G. Op. #02-0508. 

Even if there was an error in crediting 
experience at the time a school district 
hired an employee, the district and the 
employee agreed upon an amount for sal- 
ary and the employee was paid that salary 
and is not due any back pay. Logan, Nov. 
8, 2002, A.G. Op. #02-0617. 

The school board must be allowed to 
reject or approve all claims before pay 
certificates are issued by the superinten- 
dent of education; however, pay certifi- 
cates may be issued by the superintendent 
without prior approval of the school board 
on the payment of specific claims in accor- 
dance with the exceptions set out in sub- 
section 37-9-14(7). Henderson, Dec. 6, 
2002, A.G. Op. #02-0658. 

Where a school district and long-term 
substitute teacher agreed upon a specific 
daily amount of compensation and she 
was paid that amount, even if this was an 
error in that other employees serving in 
the same position received a higher daily 
pay rate, she was not due any back pay 
under the circumstances. Varas, Dec. 13, 
2002, A.G. Op. #02-0706. 

So long as a school district's employees 
are not already contracted and paid to 
participate in training sessions and have 
not performed the service of attending the 
sessions, Article 4, Section 96 of the Mis- 
sissippi Constitution does not prohibit the 
district from contracting with these em- 
ployees to attend the sessions. Adams, 
Jan. 10, 2003, A.G. Op. #02-0717. 

If a graduation policy furthers a sub- 
stantial, legitimate interest of the school 
district, as determined by the school 
board, then it is within the authority of 
the school board to adopt such graduation 
policy. Adams, June 13, 2003, A.G. Op. 
03-0257. 

Considering the absence of any state 
law to the contrary, a school board has the 
inherent authority to establish its own 
policy regarding the setting and amending 
of its agenda as well as the adoption of 
rules of parliamentary procedure pursu- 



ant to its authority under this section. 
Adams, June 20, 2003, A.G. Op. 03-0282. 

A school board is authorized to pay for 
additions to the superintendent's office 
building which is owned by the county if 
the county approves the modifications to 
and construction upon its property. 
Spears, July 18, 2003, A.G. Op. 03-0319. 

Whether a meeting of the Congressional 
Black Caucus Political and Educational 
Leadership Institute is educational is a 
factual question which cannot be an- 
swered by way of an Attorney General's 
opinion; however, if the school board 
makes a determination, consistent with 
fact and subject to review by the State 
Auditor or a court of competent jurisdic- 
tion, that it is an educational meeting 
then it may approve the expenditure of 
funds for the attendance of members, as 
long as the requirements of Section 37- 
6-13 and subsection (o) of this section have 
been met. Swanson, July 7, 2003, A.G. Op. 
03-0330. 

No statutory authority can be found 
which would permit school employees to 
search a student vehicle that is parked on 
a city street, to designate parking on a city 
street or to control traffic flow of a city 
street; however, a school district and a city 
may enter into an interlocal agreement for 
the provision of traffic control, and city 
and county law enforcement agencies are 
authorized to contract with school dis- 
tricts for the provision of police protection. 
Taylor, July 7, 2003, A.G. Op. 03-0334. 

Although school districts are empow- 
ered to construct school buildings and 
related facilities and to construct neces- 
sary utility services, no authority can be 
found for a district to provide services to a 
private entity. Harrell, Jan. 6, 2004, A.G. 
Op. 03-0628. 

Use of public school buildings pursuant 
to subsection (k) of this section should not 
interfere with the school's routine or ex- 
tra-curricular use of the building. Adams, 
Jan. 30, 2004, A.G. Op. 03-0704. 

A school district may require compensa- 
tion for use of a school facility. Adams, 
Jan. 30, 2004, A.G. Op. 03-0704. 

While a school has the authority to 
impose disciplinary punishment against a 
student who damages school property (or 
to seek reimbursement from the student's 



205 



§ 37-7-301 



Education 






parents), a school should not act in a 
manner that imposes an academic punish- 
ment on the student. Adams, Jan. 23, 
2004, A.G. Op. 03-0553. 

Subject to any lawfully adopted policies 
or preexisting contractual obligations, a 
school board in its discretion may reassign 
a nonlicensed employee to a position with 
lesser duties and responsibilities and may 
also reduce the salary of the employee. 
Smith, Mar. 19, 2004, A.G. Op. 04-0114. 

A school district building use policy 
must be applied equally to all parties 
requesting use of the school gymnasium or 
any other school building; to do otherwise, 
may have a discriminatory effect on other 
individuals or groups desiring to use 
school facilities. Thus, the Parent Teacher 
Association must abide by the district 
policy including the provision that re- 
quires insurance to be obtained. Jones, 
Apr. 30, 2004, A.G. Op. 04-0167. 

Dues payments by public school dis- 
tricts to associations such as the Missis- 
sippi School Superintendents Association, 
or Mississippi School Board Associations 



may be paid from local funds. Chaney, 
Junel4, 2004, A.G. Op. 04-0228. 

Subsection (gg) of this section autho- 
rizes a school board to receive a commis- 
sion, rebate or fee from a school photogra- 
pher pursuant to a contract with a 
photographer for the sale of school pic- 
tures as long as a disclosure statement 
advising that a portion of the proceeds of 
the sales shall be contributed to the stu- 
dent activity fund is given to students and 
their parents. Johnson, June 18, 2004, 
A.G. Op. 04-0236. 

There is no specific statutory authority 
for a school board to dismiss non-licensed 
employees on its own initiative. That au- 
thority has been granted specifically to 
the superintendent in § 37-9-14 (2)(y). 
Rhodes, Nov. 4, 2004, A.G. Op. 04-0509. 

The purchase of fixtures and equipment 
constituting fixtures as part of the acqui- 
sition of a tract of land and existing truck 
terminal building shop for use as a school 
district's bus terminal can be acquired 
pursuant to subsection (aa) of this section 
without regard to general bid procedures. 
Nettles, Nov. 15, 2004, A.G. Op. 04-0490. 



RESEARCH REFERENCES 



ALR. Use of public school premises for 
religious purposes during nonschool time. 
79 A.L.R.2d 1148. 

Physical or mental illness as basis of 
dismissal of students from school, college, 
or university. 17 A.L.R.4th 519. 

Validity, construction, and effect of pro- 
vision releasing school from liability for 
injuries to students caused by interscho- 
lastic and other extracurricular activities. 
85 A.L.R.4th 344. 

Application of requirement that news- 
paper be locally published for official no- 
tice publication. 85 A.L.R.4th 581. 

Validity of regulation by public-school 
authorities as to clothes or personal ap- 
pearance of pupils. 58 A.L.R.5th 1. 

Validity and construction of public 
school regulation of student distribution 
of religious documents at school. 136 
A.L.R. Fed. 551. 

Am Jur. 68 Am. Jur. 2d, Schools §§ 19 
et seq. 

16A Am. Jur. Legal Forms 2d (Rev), 
Schools § 229.79 (resolution adopting pol- 
icies, rules and regulations for district). 



CJS. 78 C.J.S., Schools and School Dis- 
tricts §§ 142 et seq. 

Law Reviews. Dill, Education law ab- 
stract: a survey of prominent issues in 
Mississippi's public schools. 13 Miss. C. L. 
Rev. 337 (Spring, 1993). 

1984 Mississippi Supreme Court Re- 
view — Corporate, Contract and Commer- 
cial Law. 55 Miss L. J. 65, March, 1985. 

1985 Mississippi Supreme Court Re- 
view — Administrative Law. 55 Miss. L. J. 
735, December 1985. 

Aids in the Classroom. 58 Miss. L. J. 
349, Fall 1988. 

Practice References. Mississippi 
School Laws Annotated (Michie). 

IDEA Reauthorized (Michie). 

Federal Education Laws and Regula- 
tions (Michie). 

Vacca and Bosher, Law and Education: 
Contemporary Issues and Court Decisions 
(Matthew Bender). 

Rapp, Education Law (Matthew 
Bender). 



206 



School Districts; Trustees § 37-7-302 

§ 37-7-301.1. Local school districts granted home rule [Re- 
pealed effective June 30, 2009]. 

The school board of a school district may adopt any orders, resolutions or 
ordinances with respect to school district affairs, property and finances which 
are not inconsistent with the Mississippi Constitution of 1890, the Mississippi 
Code of 1972, or any other statute or law of the State of Mississippi. Except as 
otherwise provided in this section, the powers granted to the school boards in 
this section are complete without the existence of or reference to any specific 
authority granted in any other statute or law of the State of Mississippi. 
Unless such actions are specifically authorized by another statute or law of the 
State of Mississippi, this section shall not authorize a school board to: (a) levy 
taxes of any kind or increase the levy of any authorized tax; (b) issue bonds of 
any kind; or (c) enter into collective bargaining agreements. 

SOURCES: Laws, 2006, ch. 417, § 1; Laws, 2006, ch. 504, § 5, eff from and after 
July 1, 2006. 

Editor's Note — Laws of 2006, ch. 417, § 1, effective from and after July 1, 2006 
(approved March 15, 2006), contained identical language to this section and also was 
directed to be codified as Section 37-7-301.1. The version contained in Laws of 2006, ch. 
504, effective from and after July 1, 2006 (approved March 28, 2006), is printed here 
because it is the latest expression of legislative intent, as determined by the Co-counsel 
of the Joint Legislative Committee on Compilation, Revision and Publication of 
Legislation. 

Laws of 2006, ch. 504, § 1(1), codified as § 37-161-1(1), provides as follows: 

"SECTION 1. (1) This act shall be known and may be referred to as the 'Mississippi 
Education Reform Act of 2006.'" 

Laws of 2006, ch. 504, § 19 provides: 

"SECTION 19. This act shall take effect and be in force from and after July 1, 2006, 
and shall stand repealed on June 30, 2009." 

Cross References — Mississippi Education Reform Act of 2006, see §§ 37-161-1 et 
seq. 

§ 37-7-302. Borrowing of funds for removal of asbestos. 

The board of trustees of any school district shall be authorized to borrow 
such funds as may be reasonable and necessary from the federal government, 
the State of Mississippi or any political subdivision or entity thereof, or any 
other governmental agency, from any individual, partnership, nonprofit corpo- 
ration or private for-profit corporation, to aid such school districts in asbestos 
removal, to be repaid out of any non-minimum program funds; provided, 
however, that the grant of authority shall in no way be construed to require 
said boards of trustees to remove asbestos material or substances from any 
facilities under their control, nor shall there be any liability to said school 
districts or boards for the failure to so remove such asbestos materials. All 
indebtedness incurred under the provisions of this section shall be evidenced 
by the negotiable notes or certificates of indebtedness of the school district on 
whose behalf the money is borrowed. Said notes or certificates of indebtedness 
of the school district on whose behalf the money is borrowed shall be signed by 

207 



§ 37-7-303 Education 

the president of the school board and superintendent of schools of such school 
district. Such notes or certificates of indebtedness shall not bear a greater 
overall maximum interest rate to maturity than the rates now or hereafter 
authorized under the provisions of Section 19-9-19. No such notes or certifi- 
cates of indebtedness shall be issued and sold for less than par and accrued 
interest. All notes or certificates of indebtedness shall mature in approximately 
equal installments of principal and interest over a period not to exceed twenty 
(20) years from the dates of the issuance thereof. Principal and interest shall 
be payable in such manner as may be determined by the school board. Such 
notes or certificates of indebtedness shall be issued in such form and in such 
denominations as may be determined by the school board and same may be 
made payable at the office of any bank or trust company selected by the school 
board and, in such case, funds for the payment of principal and interest due 
thereon shall be provided in the same manner provided by law for the payment 
of the principal and interest due on bonds issued by the taxing districts of this 
state. 

SOURCES: Laws, 1989, ch. 585, § 7, effective April 25, 1989 (became law 
without the Governor's signature). 

Editor's Note — Laws of 1989, ch. 585, § 9, provides as follows: 

"SECTION 9. If any section, paragraph, sentence, clause, phrase or any part of this 
act is declared to be unconstitutional or void, or if for any reason is declared to be 
invalid or of no effect, the remaining sections, paragraphs, sentences, clauses, phrases 
or parts thereof shall be in no manner affected thereby but shall remain in full force and 
effect." 

Cross References — Pledge of monies from Education Enhancement Fund to pay 
debt service on debt issued under this section, see § 37-61-33. 

Accreditation and certification of persons involved in identifying, evaluating and 
abating the hazard of asbestos-containing material in public and private elementary 
and secondary school buildings, see §§ 37-138-1 et seq. 

§ 37-7-303. Obtaining of insurance on school property; work- 
ers' compensation insurance. 

(1) The school board of any school district may insure motor vehicles for 
any hazard that the board may choose, and shall insure the school buildings, 
equipment and other school property of the district against any and all hazards 
that the board may deem necessary to provide insurance against. In addition, 
the local school board of any school district shall purchase and maintain 
business property insurance and business personal property insurance on all 
school district-owned buildings and/or contents as required by federal law and 
regulations of the Federal Emergency Management Agency (FEMA) as is 
necessary for receiving public assistance or reimbursement for repair, recon- 
struction, replacement or other damage to those buildings and/or contents 
caused by the Hurricane Katrina Disaster of 2005 or subsequent disasters. The 
school district is authorized to expend funds from any available source for the 
purpose of obtaining and maintaining that property insurance. The school 
district is authorized to enter into agreements with the Department of Finance 

208 



School Districts; Trustees § 37-7-303 

and Administration, other local school districts, community/junior college 
districts, state institutions of higher learning, community hospitals and/or 
other state agencies to pool their liabilities to participate in a group business 
property and/or business personal property insurance program, subject to 
uniform rules and regulations as may be adopted by the Department of 
Finance and Administration. Such school board shall be authorized to contract 
for such insurance for a term of not exceeding five (5) years and to obligate the 
district for the payment of the premiums thereon. When necessary, the school 
board is authorized and empowered, in its discretion, to borrow money payable 
in annual installments for a period of not exceeding five (5) years at a rate of 
interest not exceeding eight percent (8%) per annum to provide funds to pay 
such insurance premiums. The money so borrowed and the interest thereon 
shall be payable from any school funds of the district other than minimum 
education program funds. The school boards of school districts are further 
authorized and empowered, in all cases where same may be necessary, to bring 
and maintain suits and other actions in any court of competent jurisdiction for 
the purpose of collecting the proceeds of insurance policies issued upon the 
property of such school district. 

(2) Two (2) or more school districts, together with other educational 
entities or agencies, may agree to pool their liabilities to participate in a group 
workers' compensation program. The governing authorities of any school board 
or other educational entity or agency may authorize the organization and 
operation of, or the participation in such a group self-insurance program with 
other school boards and educational entities or agencies, subject to the 
requirements of Section 71-3-5. The Workers' Compensation Commission shall 
approve such group self-insurance programs subject to uniform rules and 
regulations as may be adopted by the commission applicable to all groups. 

SOURCES: Codes, 1942, § 6328-26; Laws, 1953, Ex Sess, ch. 17, § 6; Laws, 1960, 
ch. 370; Laws, 1986, ch. 492, § 10; Laws, 1993, ch. 562, § 2; Laws, 2005, 5th Ex 
Sess, ch. 24, § 4, eff from and after passage (approved Oct. 24, 2005.) 

Amendment Notes — The 2005 amendment, 5th Ex Sess, ch. 24, rewrote (1). 

Cross References — Placing of insurance on county property by county board of 
supervisors, see § 19-7-7. 

Liability insurance to cover official actions of public school boards of education, see 
§ 37-7-319. 

Giving of rewards in cases of destruction of state-supported school buildings, see 
§ 83-1-35. 

ATTORNEY GENERAL OPINIONS 

Individual school district acting alone A school district has the authority to 

which desires to participate in liability participate in the Mississippi Municipal 

pool is not required to advertise for bids; Workers' Compensation Group, a liability 

liability coverage provided by Mississippi pool created for participation by various 

Public Entity Workers' Compensation pool political subdivisions, as long as it was 

is not subject to provisions of 37-7-303(2). created pursuant to Section 71-3-5. Seal, 

Wallace, Oct. 2, 1992, AG. Op. #92-0749. Aug. 29, 2003, A.G. Op. 03-0415. 

209 



§ 37-7-304 Education 

RESEARCH REFERENCES 
Am Jur. 68 Am. Jur. 2d, Schools § 87. 

§ 37-7-304. Repealed. 

Repealed by its own terms by Laws, 1992, ch. 491 § 15, eff from and after 
October 1, 1993. 

[Laws, 1973, ch. 477, § 1; Repealed, 1984, ch. 495, § 36, and 1984, 1st Ex 
Sess, ch. 8, § 3; Reenacted and amended, 1985, ch. 474, § 41; 1986, ch. 438, 
§ 13; 1986, ch. 492, § 11; 1987, ch. 483, § 18; 1988, ch. 442, § 15; 1989, ch. 
537, § 14; 1990, ch. 518, § 15; 1991, ch. 618, § 14; 1992, ch. 491 § 15] 

Editor's Note — Former § 37-7-304 related to obtaining of liability insurance on 
vehicles. 

§ 37-7-305. Leasing of lands for minerals. 

The school board of any school district is hereby authorized and empow- 
ered, in its discretion, to lease lands owned by the school district, or any land 
the title to which is in the school board of the district in their trust capacity, for 
oil, gas and mineral exploration and development upon such terms and 
conditions and for such considerations as the school board, in its discretion, 
shall deem proper and advisable. However, no oil, gas or mineral lease shall be 
for a primary term of more than ten (10) years and said lease or leases shall 
provide for annual rentals of not less than One Dollar ($1.00) per acre and shall 
provide for royalties of not less than three-sixteenths ( 3 /i6ths) of all oil, gas and 
other minerals produced, including sulphur. Every such lease so executed shall 
empower the lessee to enter upon the premises leased and to explore and 
develop such premises for oil or gas, or either, or for such other minerals as 
may be included in the terms of said lease, and to do all things necessary or 
expedient for the production or preservation of any such products. All rentals, 
royalties or other revenue payable under any lease executed under the 
provisions of this section shall be paid to and collected by the school board of 
the school district and shall be deposited in the school district fund and used 
and expended in the same manner and subject to the same restrictions as 
provided by law in the case of other money on deposit in such fund. All leases 
executed pursuant to this section shall inure to the benefit of the lessee named 
therein and his heirs or assigns and in case the lessee be a corporation, to such 
lessee and its assigns. Said leases shall specifically provide that no damages 
shall be permitted to existing school buildings or facilities thereto. 

SOURCES: Codes, 1942, § 6328-27; Laws, 1953, Ex Sess, ch. 17, § 7; Laws, 1986, 
ch. 492, § 12, eff from and after July 1, 1987. 

Cross References — Oil, gas and mineral leases of lands belonging to agricultural 
high schools, see § 37-27-29. 

Oil, gas and mineral leases of land belonging to junior colleges, see § 37-29-73. 

210 



School Districts; Trustees § 37-7-306 

Agreements for co-operative development and operation of certain common accumu- 
lations of oil and gas under leases by public officers, see § 53-3-51. 

ATTORNEY GENERAL OPINIONS 

This section controlled with regard to a charged for the lease in order to avoid a 

lease of oil, gas and mineral rights in donation of state lands in violation of 

nonsixteenth section lands owned by a Article 4, Section 95, Mississippi Consti- 

school district; however, the school board tution of 1890. Caves, March 12, 1999, 

was charged with securing fair market A.G. Op. #99-0110. 
value in the bonus paid and rental 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 92 CJS. 78 C.J.S., Schools and School Dis- 
et seq. tricts § 376, 377. 

§ 37-7-306. Training and education requirements. 

(1) Every school board member selected after July 1, 2002, shall have a 
high school diploma or its equivalent. 

(2) Every school board member selected after July 1, 1993, shall be 
required to complete a basic course of training and education for local school 
board members, in order for board members to carry out their duties more 
effectively and be exposed to new ideas involving school restructuring. Such 
basic course of training shall be conducted by the Mississippi School Boards 
Association. Upon completion of the basic course of training, the Mississippi 
School Boards Association shall file a certificate of completion for the school 
board member with the office of the local school board. In the event that a 
board member fails to complete such training within six (6) months of his 
selection, such board member shall no longer be qualified to serve and shall be 
removed from office. 

(3) In addition to meeting the requirements of subsection (2) of this 
section, after taking office, each school board member shall be required to file 
annually in the office of the school board a certificate of completion of a course 
of continuing education conducted by the Mississippi School Boards Associa- 
tion. 

(4) Every school board member selected after July 1, 2002, shall spend at 
least one (1) full day in a school in the district they represent, without 
compensation. 

(5) Upon the failure of any local school board member to file with the 
school board the certificate of completion of the basic or continuing course of 
training as provided in subsection (2) or (3) of this section, the school board 
member shall be removed from office by the Attorney General. In the event of 
a medical or other catastrophic hardship that prevents such school board 
member from obtaining the required training or filing such certificate, as may 
be defined by the Board of Directors of the Mississippi School Boards 
Association by rule and regulation, an additional period of three (3) months 
may be allowed to satisfy the requirements of subsection (2) or (3). 

211 



§ 37-7-306 Education 

SOURCES: Laws, 1991, ch. 502, § 11; Laws, 1993, ch. 562, § 3; Laws, 1998, ch. 
564, § 2; Laws, 2000, ch. 533, § 7; Laws, 2000, ch. 610, §§ 5, 7; Laws, 2002, ch. 
611, § 5; Laws, 2006, ch. 334, § 2; Laws, 2006, ch. 335, § 2, eff from and after 
July 1, 2006. 

Joint Legislative Committee Note — Section 2 of ch. 334, Laws of 2006, effective 
from and after July 1, 2006 (approved March 9, 2006), amended this section. Section 2 
of ch. 335, Laws of 2006, effective from and after July 1, 2006 (approved March 13, 
2006), also amended this section. As set out above, this section reflects the language of 
Section 2 of ch. 335, Laws of 2006, pursuant to Section 1-3-79 which provides that 
whenever the same section of law is amended by different bills during the same 
legislative session, and the effective dates of the amendments are the same, the 
amendment with the latest approval date shall supersede all other amendments to the 
same section approved on an earlier date. 

Editor's Note — The United States Attorney General interposed no objection under 
Section 5 of the Voting Rights Act of 1965, to the amendment of this section by Laws of 
1991, ch. 502, § 11, on July 9, 1991. 

On July 13, 1998, the United States Attorney General interposed no objection under 
Section 5 of the Voting Rights Act of 1965, as amended and extended, to the amendment 
of this section by Laws of 1998, ch. 564, § 2. 

Laws of 2000, ch. 610, § 7, provides: 

"SECTION 7. Sections 1, 2, 3, 4, 5, 6, 7 and 11 of House Bill No. 1134, 2000 Regular 
Session [Laws of 2000, ch. 533], which established an incentive grant program for 
improving schools and an accountability program for low-performing schools, are 
hereby repealed." 

The repeal had the effect of repealing the amendments to this section made by Laws 
of 2000, ch. 533, § 7. This section is set out above as amended by Laws of 2000, ch. 610, 
§ 5. 

The United States Attorney General, by letter dated July 28, 2000, interposed no 
objection, under Section 5 of the Voting Rights Act of 1965, to the amendment of this 
section by Laws of 2000, ch. 610, § 5. 

Amendment Notes — The first 2006 amendment (ch. 334), in (2), rewrote the 
second sentence, and substituted "Mississippi School Boards Association" for "School 
Executive Management Institute" in the third sentence; and in the last sentence of (5), 
substituted "Board of Directors of the Mississippi School Boards Association" for "State 
Board of Education." 

The second 2006 amendment (ch. 335), made the same changes as those in Laws of 
2006, ch. 334, § 2. 

ATTORNEY GENERAL OPINIONS 

Training is a prerequisite to taking of- If newly appointed school board mem- 

fice as a local school board member, ber fails to file certificate of training 

Thompson, Oct. 30, 1991, A.G. Op. #91- within six months from commencement of 

0795. term of office, vacancy will be declared. 

Individual need not comply with filing Gex, March 4, 1992, A.G. Op. #92-0151. 

requirements as a prerequisite to qualify- Candidate must possess high school di- 

ing as a candidate; however, if the individ- ploma or GED equivalent before he enters 

ual has not previously filed the required duties of office but is not required to have 

certificate of completion with the circuit same to qualify as candidate. Union 

clerk, he would be required to do so in County Election Commission, Sept. 30, 

order to be eligible to be sworn into office 1992, A.G. Op. #92-0779. 

or exercise any functions of the office. Specific language of Miss. Code Section 

Hart, Feb. 20, 1992, A.G. Op. #91-0105. 37-7-306 (1) provides that prerequisite 

212 



School Districts; Trustees § 37-7-307 

requirement of high school education or systems which administer them; there- 

GED equivalent only applies to individu- fore, members of community college board 

als elected to school board for full term; who operate agricultural high school are 

therefore, individual elected to serve only not required to attend training sessions 

remainder of term is not subject to this required for school board members of local 

requirement. Jones, May 26, 1993, A.G. school districts; only agricultural high 

Op. #93-0368. school operated by board of trustees inde- 

School board member selected under pendent of community college would be 

statute with term of office commencing required to meet training requirements of 

January 1, 1993 who had not received Section 37-7-306. Bradley Sept. 9, 1993, 

training by June 31, 1993 would not be A.G. Op. #93-0643. 

removed from office because pursuant to School board members must receive six 

House Bill 1441 [Laws of 1993, ch. 562, hours of continuing education training 

§ 3], period for training was reset to begin during the 2004-2005 school year. Chaney, 

April 15, 1993 and therefore such an indi- Aug. 6, 2004, A.G. Op. 04-0334. 

vidual would have six months from April The Mississippi School Boards Associa- 

15 in which to obtain the required train- tion has the authority to charge an 

ing. Bradley, July 29, 1993, A.G. Op. #93- amount equal to the actual cost of training 

0530. for continuing education for school board 

Most agricultural high schools have members. Chaney, Aug. 6, 2004, A.G. Op. 

been subsumed into community college 04-0334. 

§ 37-7-307. Regulation of leaves for licensed and nonlicensed 
employees; employment of substitute teachers; donations of 
leave to other employees; accumulated leave; conversion of 
certain vacation days to sick leave; definitions. 

(1) For purposes of this section, the term "licensed employee" means any 
employee of a public school district required to hold a valid license by the 
Commission on Teacher and Administrator Education, Certification and Li- 
censure and Development. 

(2) The school board of a school district shall establish by rules and 
regulations a policy of sick leave with pay for licensed employees and teacher 
assistants employed in the school district, and such policy shall include the 
following minimum provisions for sick and emergency leave with pay: 

(a) Each licensed employee and teacher assistant, at the beginning of 
each school year, shall be credited with a minimum sick leave allowance, 
with pay, of seven (7) days for absences caused by illness or physical 
disability of the employee during that school year. 

(b) Any unused portion of the total sick leave allowance shall be carried 
over to the next school year and credited to such licensed employee and 
teacher assistant if the licensed employee or teacher assistant remains 
employed in the same school district. In the event any public school licensed 
employee or teacher assistant transfers from one public school district in 
Mississippi to another, any unused portion of the total sick leave allowance 
credited to such licensed employee or teacher assistant shall be credited to 
such licensed employee or teacher assistant in the computation of unused 
leave for retirement purposes under Section 25-11-109. Accumulation of sick 
leave allowed under this section shall be unlimited. 



213 



§ 37-7-307 Education 

(c) No deduction from the pay of such licensed employee or teacher 
assistant may be made because of absence of such licensed employee or 
teacher assistant caused by illness or physical disability of the licensed 
employee or teacher assistant until after all sick leave allowance credited to 
such licensed employee or teacher assistant has been used. 

(d) For the first ten (10) days of absence of a licensed employee because 
of illness or physical disability, in any school year, in excess of the sick leave 
allowance credited to such licensed employee, there may be deducted from 
the pay of such licensed employee the established substitute amount of 
licensed employee compensation paid in that local school district, necessi- 
tated because of the absence of the licensed employee as a result of illness or 
physical disability Thereafter, the regular pay of such absent licensed 
employee may be suspended and withheld in its entirety for any period of 
absence because of illness or physical disability during that school year. 

(3) Beginning with the school year 1983-1984, each licensed employee at 
the beginning of each school year shall be credited with a minimum personal 
leave allowance, with pay, of two (2) days for absences caused by personal 
reasons during that school year. Such personal leave shall not be taken on the 
first day of the school term, the last day of the school term, on a day previous 
to a holiday or a day after a holiday, unless on such days an immediate family 
member of the employee is being deployed for military service. Personal leave 
may be used for professional purposes, including absences caused by atten- 
dance of such licensed employee at a seminar, class, training program, 
professional association or other functions designed for educators. No deduc- 
tion from the pay of such licensed employee may be made because of absence 
of such licensed employee caused by personal reasons until after all personal 
leave allowance credited to such licensed employee has been used. However, 
the superintendent of a school district, in his discretion, may allow a licensed 
employee personal leave in addition to any minimum personal leave allowance, 
under the condition that there shall be deducted from the salary of such 
licensed employee the actual amount of any compensation paid to any person 
as a substitute, necessitated because of the absence of the licensed employee. 
Any unused portion of the total personal leave allowance up to five (5) days 
shall be carried over to the next school year and credited to such licensed 
employee if the licensed employee remains employed in the same school 
district. 

(4) Beginning with the school year 1992-1993, each licensed employee 
shall be credited with a professional leave allowance, with pay, for each day of 
absence caused by reason of such employee's statutorily required membership 
and attendance at a regular or special meeting held within the State of 
Mississippi of the State Board of Education, the Commission on Teacher and 
Administrator Education, Certification and Licensure and Development, the 
Commission on School Accreditation, the Mississippi Authority for Educational 
Television, the meetings of the state textbook rating committees or other 
meetings authorized by local school board policy. 

(5) Upon retirement from employment, each licensed and nonlicensed 
employee shall be paid for not more than thirty (30) days of unused accumu- 

214 



School Districts; Trustees § 37-7-307 

lated leave earned while employed by the school district in which the employee 
is last employed. Such payment for licensed employees shall be made by the 
school district at a rate equal to the amount paid to substitute teachers and for 
nonlicensed employees, the payment shall be made by the school district at a 
rate equal to the federal minimum wage. The payment shall be treated in the 
same manner for retirement purposes as a lump-sum payment for personal 
leave as provided in Section 25- 11- 103(e). Any remaining lawfully credited 
unused leave, for which payment has not been made, shall be certified to the 
Public Employees' Retirement System in the same manner and subject to the 
same limitations as otherwise provided by law for unused leave. No payment 
for unused accumulated leave may be made to either a licensed or nonlicensed 
employee at termination or separation from service for any purpose other than 
for the purpose of retirement. 

(6) The school board may adopt rules and regulations which will reason- 
ably aid to implement the policy of sick and personal leave, including, but not 
limited to, rules and regulations having the following general effect: 

(a) Requiring the absent employee to furnish the certificate of a 
physician or dentist or other medical practitioner as to the illness of the 
absent licensed employee, where the absence is for four (4) or more 
consecutive school days, or for two (2) consecutive school days immediately 
preceding or following a nonschool day; 

(b) Providing penalties, by way of full deduction from salary, or entry on 
the work record of the employee, or other appropriate penalties, for any 
materially false statement by the employee as to the cause of absence; 

(c) Forfeiture of accumulated or future sick leave, if the absence of the 
employee is caused by optional dental or medical treatment or surgery which 
could, without medical risk, have been provided, furnished or performed at 
a time when school was not in session; 

(d) Enlarging, increasing or providing greater sick or personal leave 
allowances than the minimum standards established by this section in the 
discretion of the school board of each school district. 

(7) School boards may include in their budgets provisions for the payment 
of substitute employees, necessitated because of the absence of regular 
licensed employees. All such substitute employees shall be paid wholly from 
district funds, except as otherwise provided for long-term substitute teachers 
in Section 37-19-20. Such school boards, in their discretion, also may pay, from 
district funds other than adequate education program funds, the whole or any 
part of the salaries of all employees granted leaves for the purpose of special 
studies or training. 

(8) The school board may further adopt rules and regulations which will 
reasonably implement such leave policies for all other nonlicensed and hourly 
paid school employees as the board deems appropriate. 

(9) Vacation leave granted to either licensed or nonlicensed employees 
shall be synonymous with personal leave. Unused vacation or personal leave 
accumulated by licensed employees in excess of the maximum five (5) days 
which may be carried over from one (1) year to the next may be converted to 

215 



§ 37-7-307 Education 

sick leave. The annual conversion of unused vacation or personal leave to sick 
days for licensed or unlicensed employees shall not exceed the allowable 
number of personal leave days as provided in Section 25-3-93. The annual total 
number of converted unused vacation and/or personal days added to the 
annual unused sick days for any employee shall not exceed the combined 
allowable number of days per year provided in Sections 25-3-93 and 25-3-95. 
Local school board policies that provide for vacation, personal and sick leave 
for employees shall not exceed the provisions for leave as provided in Sections 
25-3-93 and 25-3-95. Any personal or vacation leave previously converted to 
sick leave under a lawfully adopted policy before May 1, 2004, or such personal 
or vacation leave accumulated and available for use prior to May 1, 2004, 
under a lawfully adopted policy but converted to sick leave after May 1, 2004, 
shall be recognized as accrued leave by the local school district and available 
for use by the employee. The leave converted under a lawfully adopted policy 
prior to May 1, 2004, or such personal and vacation leave accumulated and 
available for use as of May 1, 2004, which was subsequently converted to sick 
leave may be certified to the Public Employees' Retirement System upon 
termination of employment and any such leave previously converted and 
certified to the Public Employees' Retirement System shall be recognized. 
(10)(a) For the purposes of this subsection, the following words and 
phrases shall have the meaning ascribed in this paragraph unless the 
context requires otherwise: 

(i) "Catastrophic injury or illness" means a life-threatening injury or 
illness of an employee or a member of an employee's immediate family that 
totally incapacitates the employee from work, as verified by a licensed 
physician, and forces the employee to exhaust all leave time earned by 
that employee, resulting in the loss of compensation from the local school 
district for the employee. Conditions that are short-term in nature, 
including, but not limited to, common illnesses such as influenza and the 
measles, and common injuries, are not catastrophic. Chronic illnesses or 
injuries, such as cancer or major surgery, that result in intermittent 
absences from work and that are long-term in nature and require long 
recuperation periods may be considered catastrophic. 

(ii) "Immediate family" means spouse, parent, stepparent, sibling, 
child or stepchild. 

(b) Any school district employee may donate a portion of his or her 
unused accumulated personal leave or sick leave to another employee of the 
same or another school district who is suffering from a catastrophic injury or 
illness or who has a member of his or her immediate family suffering from a 
catastrophic injury or illness, in accordance with the following: 

(i) The employee donating the leave (the "donor employee") shall 
designate the employee who is to receive the leave (the "recipient em- 
ployee") and the amount of unused accumulated personal leave and sick 
leave that is to be donated, and shall notify the school district superin- 
tendent or his designee of his or her designation. 

(ii) The maximum amount of unused accumulated personal leave 
that an employee may donate to any other employee may not exceed a 

216 



School Districts; Trustees § 37-7-307 

number of days that would leave the donor employee with fewer than 
seven (7) days of personal leave remaining, and the maximum amount of 
unused accumulated sick leave that an employee may donate to any other 
employee may not exceed fifty percent (50%) of the unused accumulated 
sick leave of the donor employee. 

(iii) An employee must have exhausted all of his or her available 
leave before he or she will be eligible to receive any leave donated by 
another employee. Eligibility for donated leave shall be based upon review 
and approval by the donor employee's supervisor. 

(iv) Before an employee may receive donated leave, he or she must 
provide the school district superintendent or his designee with a physi- 
cian's statement that states the beginning date of the catastrophic injury 
or illness, a description of the injury or illness, and a prognosis for recovery 
and the anticipated date that the recipient employee will be able to return 
to work. 

(v) If the total amount of leave that is donated to any employee is not 
used by the recipient employee, the whole days of donated leave shall be 
returned to the donor employees on a pro rata basis, based on the ratio of 
the number of days of leave donated by each donor employee to the total 
number of days of leave donated by all donor employees. 

(vi) Donated leave shall not be used in lieu of disability retirement. 

SOURCES: Codes, 1942, § 6328-28; Laws, 1953, Ex Sess, ch. 17, § 8; Laws, 1978, 
ch. 513, § 1, 1982, ch. 491; Laws, 1986, ch. 492, § 13; Laws, 1986, ch. 493; 
Laws, 1987, ch. 307, § 5, 1992, ch. 450, § 1; Laws, 1994, ch. 623, § 1; Laws, 
1995, ch. 586, § 1; Laws, 1996, ch. 548, § 1; Laws, 1998, ch. 580, § 1; Laws, 
1999, ch. 561, § 2; Laws, 2003, ch. 458, § 1; Laws, 2003, ch. 546, § 1; Laws, 
2004, ch. 480, § 1; Laws, 2005, ch. 354, § 1, eff from and after passage 
(approved Mar. 14, 2005.) 

Joint Legislative Committee Note — Section 1 of ch. 458, Laws of 2003, effective 
July 1, 2003 (approved March 23, 2003), amended this section. Section 1 of ch. 546, 
Laws of 2003, effective July 1, 2003 (approved April 22, 2003), also amended this 
section. As set out above, this section reflects the language of Section 1 of ch. 546, Laws 
of 2003, pursuant to Section 1-3-79 which provides that whenever the same section of 
law is amended by different bills during the same legislative session, and the effective 
dates of the amendments are the same, the amendment with the latest approval date 
shall supersede all other amendments to the same section approved on an earlier date. 

Pursuant to Section 1-1-109, the Joint Legislative Committee on Compilation, 
Revision and Publication of Legislation corrected a publishing error in the fourth 
sentence of (a), substituting "May 1, 2004" for "the effective date of Senate Bill No. 2297, 
2004 Regular Session." 

Editor's Note — Section 37-17-20 referred to in (7) was repealed by Laws of 2002, 
ch. 551 § 6, effective from and after July 1, 2002. 

Amendment Notes — The 2005 amendment added "unless on such days an 
immediate family member of the employee is being deployed for military service" at the 
end of the first sentence of (3); rewrote (9) to revise the determination of the annual 
conversion of unused vacation or personal leave to sick leave for licensed or unlicensed 
school employees, and to recognize leave accumulated under previous policy; and 
substituted "local school district" for "state" in (10)(a)(i). 

Cross References — Public Employees' Retirement System generally, see §§ 
25-11-101 et seq. 

217 



§ 37-7-307 



Education 



Substitute-teaching by retired school teachers over seventy years of age, see § 25- 
11-127. 

Mississippi State Board of Education generally, see §§ 37-1-1 et seq. 

Commission on Teacher and Administrator Education, Certification and Licensure 
and Development created, see § 37-3-2. 

Commission on School Accreditation created, see § 37-17-3. 

Mississippi authority for educational television generally, see §§ 37-63-1 et seq. 

ATTORNEY GENERAL OPINIONS 



Since the Constitution requires a full- 
time school teacher be a member of the 
State board of education, there should be 
no impediment to this service. It follows 
that the local school board should use its 
discretion to allow the teacher chosen as 
much freedom as possible to carry out the 
duties and responsibilities of this position. 
Davis, Oct. 31, 1991, A.G. Op. #91-0815. 

No penalty should attach itself directly 
or indirectly to the appointee to this con- 
stitutional board. Davis, Oct. 31, 1991, 
A.G. Op. #91-0815. 

School district may establish a proce- 
dure whereby an individual teacher may 
petition the school board for a grant of 
additional sick leave due to exceptional 
circumstances. Ellis, May 8, 1992, A.G. 
Op. #92-0342. 

Sick leave is personal to teacher and 
there appears to be no method authorizing 
transfer of sick leave from one employee to 
another, although pursuant to Section 37- 
7-307 subsection (5)(d) district may estab- 
lish procedure wherein an individual 
teacher may petition board for grant of 
additional sick leave under exceptional 
circumstances. Atkinson, Feb. 3, 1994, 
A.G. Op. #94-0040. 

Any unused leave for which payment is 
not received will be applied to creditable 
service in accordance with Section 25-11- 
103(h). Such authorization would be effec- 
tive for payment of unused leave to the 
person designated by such employee for 
this purpose, or, in the absence of such 
designation, to the beneficiary of such 
employee, or to the estate, in the event of 
the death of the employee prior to retire- 
ment. Walker, May 11, 1995, A.G. Op. 
#95-0319. 

The statute allows leave to be donated 
for catastrophic injury or illness, but does 
not allow for the donation of leave in the 
event of death. Bordis, October 16, 1998, 
A.G. Op. #98-0562. 

218 



The estate of a deceased employee may 
not donate unused accumulated sick leave 
or personal leave to another district em- 
ployee. Bordis, October 16, 1998, A.G. Op. 
#98-0562. 

"Immediate family," as defined in sub- 
section (9)(ii) does not include a grand- 
child. Bordis, October 16, 1998, A.G. Op. 
#98-0562. 

Although there is no authority to estab- 
lish a scholarship program within the 
Jackson Public School District to reim- 
burse teachers one-half of the tuition cost 
of gaining certification in library science, 
the authority granted in subsection (7) of 
this section could be used to help effect 
such purpose. Sargent, April 2, 1999, A.G. 
Op. #99-0122. 

Because this section does not differenti- 
ate between sick leave or personal leave, 
an employee may, upon retirement from 
employment, be paid for up to 30 days 
total sick and/or personal leave; this pay- 
ment can be made only in cases where the 
employee makes a complete severance of 
employment in state service and makes 
application for retirement benefits follow- 
ing separation. Cartier, June 4, 1999, A.G. 
Op. #99-0244. 

A county school district did not have 
authority to pay a teacher for unused 
accumulated leave as the statute in effect 
at the time the teacher resigned did not 
provide for payment of unused accumu- 
lated leave to certificated employees. 
Chaney, Jr., May 1, 2000, A.G. Op. #2000- 
0191. 

A school board cannot pay a retiring 
licensed employee at the employee's daily 
rate of pay rather than the substitute 
teacher rate of pay. McAlpin, July 14, 
2000, A.G. Op. #2000-0354. 

A county school district may enact a 
policy that allows an employee two days 
leave in the following year if the employee 






School Districts; Trustees 



§ 37-7-309 



has perfect attendance in the previous 
year. Ball, Nov. 19, 2000, A.G. Op. #2000- 
0650. 

The statute applies to administrative/ 
supervisory employees of the school dis- 
trict, as these employees must either be 
classified as licensed or non-licensed em- 
ployees. Harral, June 21, 2002, A.G. Op. 
#02-0236. 

Whether to permit pro-rata, incremen- 
tal deductions of leave is within the dis- 
cretion of the school district board and 
exercise of that discretion should be evi- 
denced by the board in it's rules and 
regulations implementing sick and per- 
sonal leave policies. Smith, Nov. 15, 2002, 
A.G. Op. #02-0615. 

A school board cannot pay a retiring 
administrator at the board's substitute 
administrator rate of pay rather than the 
substitute teacher rate of pay. Marro, July 
7, 2003, A.G. Op. 03-0335. 

If a school district has a policy which 
provides for an individual to be paid for 
any accrued leave upon death or termina- 
tion of employment, the district may make 
payment for that unused, uncompensated 
leave to the employee upon termination of 
employment, and, in the event of the 
death, such payment may be made to the 
person designated by such employee prior 
to employee's death. Adams, Oct. 3, 2003, 
A.G. Op. 03-0468. 

Subdivision (6)(d) of this section pro- 
vides the authority to a school board to 
adopt a policy which would allow for the 
payment of unused accrued personal or 
sick leave to employees who leave service 
for reasons other than retirement. While 



subsection (5) limits the rate of pay for the 
lump sum payment upon retirement to 
either the substitute teacher rate of pay or 
the federal minimum wage, any policy 
adopted by local school boards for employ- 
ees leaving service for reasons other than 
retirement would not be so limited, and 
could allow employees to receive a lump 
sum payment calculated at their regular 
rate of pay, and for any number of days as 
determined by the school board. This opin- 
ion clarifies Adams, Oct. 3, 2003, A.G. Op. 
03-0468. Ready, Mar. 26, 2004, A.G. Op. 
03-0644. 

Subsection (6) of this section authorizes 
expansion of sick and personal leave al- 
lowances, but does not grant any author- 
ity to local school districts to create any 
additional types of leave. Further, only 
sick and personal leave are certifiable to 
PERS for creditable service upon retire- 
ment. Opinion clarifies Adams, Oct. 3, 

2003, A.G. Op. 03-0468. Ready, Mar. 26, 

2004, A.G. Op. 03-0644. 

The specific limitation of subsection (3) 
of this section detailing how much time 
may be carried over and under what cir- 
cumstances it may be carried over is con- 
trolling. Opinion clarifies Adams, Oct. 3, 

2003, A.G. Op. 03-0468. Ready, Mar. 26, 

2004, A.G. Op. 03-0644. 

No authority exists for a school district 
to enact a policy authorizing employees to 
convert accumulated personal leave to 
sick leave for purposes of certification to 
PERS for additional service credit. Opin- 
ion clarifies Adams, Oct. 3, 2003, A.G. Op. 
03-0468. Ready, Mar. 26, 2004, A.G. Op. 
03-0644. 



RESEARCH REFERENCES 



ALR. Who is eligible employee under 
§ 101(2) of family and medical leave act 
(29 U.S.C.S. § 2611(2)). 166 A.L.R. Fed. 
569. 

Adequacy of notice to employer of need 
for leave under Federal Family and Med- 
ical Leave Act of 1993. 184 A.L.R. Fed. 
171. 



Am Jur. 68 Am. Jur. 2d, Schools § 174. 

16A Am. Jur. Legal Forms 2d, Schools 
§§ 229:231 et seq. 

CJS. 78 C.J.S., Schools and School Dis- 
tricts §§ 220, 255, 259. 



§ 37-7-309. Repealed. 

Repealed by Laws, 1986, ch. 492, § 46, eff from and after July 1, 1987. 
[Codes, 1942, § 6328-30; Laws, 1953, Ex Sess, ch. 17, § 10] 



219 



§ 37-7-311 



Education 



Editor's Note — Former § 37-7-309 provided for expenditure of school district funds 
for incidentals. 

§ 37-7-311. Organization of school. 

The school board shall organize a school so as to avoid unnecessary 
duplication and shall determine what grades shall be taught at each school 
and shall have the power to specify attendance areas and to designate the 
school each pupil shall attend. 

SOURCES: Codes, 1942, § 6328-31; Laws, 1953, Ex Sess, ch. 17, § 11; Laws, 1986, 
ch. 492, § 14, eff from and after July 1, 1987. 

Cross References — Abolition, reorganization or alteration of district by school 
board, see §§ 37-7-103, 37-7-105. 

JUDICIAL DECISIONS 



1. In general. 

2. Consolidation of schools; transfer of 

students. 

3. Appeal. 

4. Miscellaneous. 

1. In general. 

The grant to county boards of education 
of power to organize and establish schools 
does not confer judicial or quasi-judicial 
power, but the power granted is purely 
administrative and legislative. County 
Bd. of Educ. v. Smith, 239 Miss. 53, 121 
So. 2d 139 (1960). 

2. Consolidation of schools; transfer 

of students. 

A public school board had the authority 
to consolidate schools within its district 
and to reassign students en masse; the 
plan was not a "reorganization of the 
school district" within the meaning of 
§ 37-7-105. Section 37-7-105 and its peti- 
tion, publication and referendum proce- 
dures do not apply to everything the 
school board may wish to abolish, alter or 
reorganize. The statute applies only 
where the school board "abolishes, alters 
or reorganizes a school district." The 
phrase "school district" imports the geo- 
graphic boundaries of the district and 
perhaps the corporate organization or 
structure thereof. The school board's plan 
did not alter the existing structure of the 
school district, which remained a county- 
wide district, and did not reorganize cor- 



porate structure, and therefore §§ 37-7- 
103 and 37-7-105 did not apply. Petition of 
2,952 Registered Voters of Wayne County, 
In Opposition to Reorganization of Wayne 
County School Dist. (Miss. 1990) 574 So. 
2d 619. 

It was not the intention of the legisla- 
ture by this section [Code 1942, 
§ 6328-31] to mean that the board of 
trustees may transfer students en masse 
from one school or attendance center to 
another, for where there is a transfer of 
pupils other than on an individual basis it 
would prevent uniformity by permitting 
the center losing pupils to keep all the 
money allocated to it. Board of Educ. v. 
Wilburn, 223 So. 2d 665 (Miss. 1969). 

3. Appeal. 

Courts on appeal from a determination 
of a county board of education are limited 
to the question whether the action of the 
board is supported by substantial evi- 
dence or is arbitrary or capricious, or 
transcends its power, or violates some 
statutory or constitutional right of an in- 
terested party. County Bd. of Educ. v. 
Smith, 239 Miss. 53, 121 So. 2d 139 
(1960). 

4. Miscellaneous. 

Students who live in one school district 
organized under Ch 12, Laws of 1953, Ex 
Session former [Miss. Code Ann. §§ 37- 
7-1 et seql, may not attend school in 
another school district without the con- 



220 



School Districts; Trustees § 37-7-315 

sent and approval of the board of trustees Educ, 233 Miss. 867, 103 So. 2d 353 
of the district wherein such students re- (1958). 
side. Hinze v. Winston County Bd. of 

ATTORNEY GENERAL OPINIONS 

Sections 37-7-103, 37-7-113 and 37-7- nothing to alter the existing geographical 

311 allow a school board to organize its features, boundaries, or corporate struc- 

schools so as to serve the best interests of ture of the school districts there is no 

the schools and ultimately the students, necessity to seek State Board of Education 

and to avoid unnecessary duplication, approval. Burnham, February 15, 1995, 

Where the actions of local school boards do A.G. Op. #95-0029. 

§ 37-7-313. Repealed. 

Repealed by Laws, 1986, ch. 492, § 46, eff from and after July 1, 1987. 
[Codes, 1942, §§ 6328-06, 6328-74; Laws, 1953, Ex Sess, ch. 12, § 6; 1956, 
ch. 266, § 4; 1959, Ex Sess, ch. 29, 2; 1960, ch. 301, § 3; 1968, ch. 386] 

Editor's Note — Former § 37-7-313 authorized for contracts for attendance and 
transportation of pupils at schools operated by other school districts. 

§ 37-7-315. Designation of school buildings and attendance 
centers. 

In creating school districts under the provisions of Article 1 of this chapter, 
it shall not be necessary that the school board, in the order creating such 
districts, specify or designate the location of the school houses or attendance 
centers therein, and existing school buildings shall be retained as places of 
attendance until changed in the manner hereinafter set forth. Where any 
existing facilities or buildings shall not be used as attendance centers, the 
school board may utilize such facilities and buildings in connection with any 
related school activity which said school board may deem advisable. 

The school board of any school district shall have the power and authority 
to designate the locations for school buildings and attendance centers in the 
school district subject to its jurisdiction and to change, alter or abolish the 
location of such school buildings and attendance centers from time to time as 
may be required by the educational needs of such school district. Where 
students from three (3) or more school districts are in attendance at one (1) 
attendance center by order of the respective school boards of the school 
districts, the use of the attendance center shall not be changed, altered or 
abolished except upon order of a majority of each of the school boards of the 
school districts from which pupils have been in attendance at the attendance 
center for the scholastic year; any acts, decisions, orders or resolutions by the 
school board of any such school district in conflict with this provision shall be 
null and void. If any change or alteration of the location of a school building or 
attendance center shall involve the construction of new school facilities, or the 
making of additions to, or the major repair, alteration or renovation of existing 
facilities, then such change or alteration shall not be effective until same shall 

221 



§ 37-7-315 



Education 



have been submitted to and approved by the State Board of Education. There 
may be located and established in any school district as many school buildings 
and attendance centers as the educational needs of such district shall require. 
The school board of the school district shall have the power and authority to 
specify the attendance areas which shall be served by each school building or 
attendance center, and to change or alter same from time to time as necessity 
requires. 

SOURCES: Codes, 1942, § 6328-05; Laws, 1953, Ex Sess, ch. 12, § 5; Laws, 1960, 
ch. 303; Laws, 1986, ch. 492, § 15, eff from and after July 1, 1987. 

Editor's Note — Article 1 of this chapter, referred to in this section, was repealed by 
Laws of 1986, ch. 492, § 50, effective from and after July 1, 1987. 

For present provisions relating to reorganization of school districts, see §§ 37-7-103 
et seq. 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 

Abolition, reorganization or alteration of district by school board, see §§ 37-7-103, 
37-7-105. 

Acquisition of land outside of school district for construction of needed school 
buildings or other facilities, see § 37-7-401. 

Joint construction of buildings or operation of schools by adjoining school districts, 
see § 37-7-403. 

Roads, driveways and parking areas on school district property, and expenditure of 
funds for their construction and upkeep, see § 65-7-74. 

JUDICIAL DECISIONS 



1. In general. 

2. Consolidation of schools; transfer of 

students. 

1. In general. 

Although ordinarily private individual 
may not maintain suit against school dis- 
trict to enforce zoning ordinance or to 
enjoin what is in essence public nuisance 
created by construction of school building, 
where construction of school building in 
violation of municipal offstreet parking 
ordinance would obstruct abutting land- 
owner's right of ingress and egress, land- 
owner may obtain injunction against con- 
struction of building unless and until 
school district complies with parking ordi- 
nance. Robinson v. Indianola Mun. Sepa- 
rate Sch. Dist., 467 So. 2d 911 (Miss'. 
1985). 

2. Consolidation of schools; transfer 

of students. 

A public school board had the authority 
to consolidate schools within its district 



and to reassign students en masse; the 
plan was not a "reorganization of the 
school district" within the meaning of 
§ 37-7-105. Section 37-7-105 and its peti- 
tion, publication and referendum proce- 
dures do not apply to everything the 
school board may wish to abolish, alter or 
reorganize. The statute applies only 
where the school board "abolishes, alters 
or reorganizes a school district." The 
phrase "school district" imports the geo- 
graphic boundaries of the district and 
perhaps the corporate organization or 
structure thereof. The school board's plan 
did not alter the existing structure of the 
school district, which remained a county- 
wide district, and did not reorganize cor- 
porate structure, and therefore §§ 37-7- 
103 and 37-7-105 did not apply. Petition of 
2,952 Registered Voters of Wayne County, 
In Opposition to Reorganization of Wayne 
County School Dist. (Miss. 1990) 574 So. 
2d 619. 



222 



School Districts; Trustees § 37-7-319 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools § 88. 
CJS. 78 C.J.S., Schools, and School Dis- 
tricts § 362-368. 

§ 37-7-317. Transfer of school recreational areas to counties 
and municipalities during summer recess. 

The school board of any school district is hereby authorized, in its 
discretion, to transfer jurisdiction and control of any recreational property or 
part thereof under its dominion to the governing authorities of any municipal- 
ity or county in which such property is located, provided, such transfer is 
temporary and commences not sooner than the day following the last school 
day of the academic year and ends not later than the day prior to the beginning 
of the next succeeding academic year. Any such transfer shall be made only 
with the concurrence of the governing authorities of any such municipality or 
county, and any agreement therefor shall be on such terms and conditions as 
said governing authorities and said school board shall provide. Any such 
agreement may include a provision that while such land is in the possession of 
said governing authorities, the municipality or the county, as the case may be, 
shall be liable for the upkeep, maintenance and repair of such property, the 
cost of which shall be paid out of any funds available to any such municipality 
or county. 

SOURCES: Laws, 1973, ch. 415, § 1; Laws, 1986, ch. 492, § 16, eff from and after 
July 1, 1987. 

Cross References — Abolition, reorganization or alteration of district by school 
board, see §§ 37-7-103, 37-7-105. 

RESEARCH REFERENCES 

ALR. Use of school property for other 
than public school or religious purposes. 
94 A.L.R.2d 1274. 

§ 37-7-319. Purchase of group liability insurance coverage. 

All public school boards may purchase group insurance coverage for the 
liability of all of its active full-time instructional and noninstructional person- 
nel. Such policy shall be paid for with any funds available other than state 
minimum education program funds. 

SOURCES: Laws, 1974, ch. 355; Laws, 1985, ch. 474, § 47; Laws, 1986, ch. 438, 
§ 14; Laws, 1986, ch. 492, § 17; Laws, 1987, ch. 483, § 19; Laws, 1988, ch. 442, 
§ 16; Laws, 1989, ch. 537, § 15; Laws, 1990, ch. 518, § 16; Laws, 1991, ch. 618, 
§ 15; Laws, 1992, ch. 491 § 16, eff from and after passage (approved May 12, 
1992). 

223 



§ 37-7-321 



Education 



Cross References — Insurance on school property generally, see § 37-7-303. 
RESEARCH REFERENCES 



ALR. Modern status of doctrine of sov- 
ereign immunity as applied to public 
schools and institutions of higher learn- 
ing. 33 A.L.R.3d 703. 

Tort liability of public schools and insti- 
tutions of higher learning for accidents 
due to condition of buildings or equip- 
ment. 34 A.L.R.3d 1166. 

Tort liability of public schools and insti- 
tutions of higher learning for accidents 
associated with the transportation of stu- 
dents. 34A.L.R.3d 1210. 

Tort liability of public schools and insti- 
tutions of higher learning for accident 
occurring during school athletic events. 35 
A.L.R.3d 725. 

Tort liability of public schools and insti- 
tutions of higher learning for accidents 
associated with chemistry experiments, 
shopwork and manual or vocational train- 
ing. 35 A.L.R.3d 758. 

Tort liability of public schools and insti- 
tutions of higher learning for accidents 
occurring in physical education classes. 36 
A.L.R.3d 361. 

Tort liability of public schools and insti- 
tutions of higher learning for accidents 
occurring during use of premises and 
equipment for other than school purposes. 
37A.L.R.3d712. 

Tort liability of public schools and insti- 
tutions of higher learning for injuries due 
to condition of grounds, walks, and play- 
grounds. 37 A.L.R.3d 738. 



Tort liability of public schools and insti- 
tutions of higher learning for injuries re- 
sulting from lack or insufficiency of super- 
vision. 38 A.L.R.3d 830. 

Personal liability of public school 
teacher in negligence action for personal 
injury or death of student. 34 A.L.R.4th 
228. 

Personal liability of public school exec- 
utive or administrative officer in negli- 
gence action for personal injury or death 
of student. 35 A.L.R.4th 272. 

Personal liability in negligence action of 
public school employee, other than 
teacher or executive or administrative of- 
ficer, for personal injury or death of stu- 
dent. 35 A.L.R.4th 328. 

Tort liability of schools and institutions 
of higher learning for personal injury suf- 
fered during school field trip. 68 A.L.R.5th 
519. 

Tort liability of public schools and insti- 
tutions of higher learning for accidents 
occurring during school athletic events. 68 
A.L.R.5th 663. 

Tort liability of public schools and insti- 
tutions of higher learning for injury to 
student walking to or from school. 72 
A.L.R.5th 469. 

CJS. 78 C.J.S., Schools § 453. 

Law Reviews. The History and Future 
of Sovereign Immunity for Mississippi 
School Districts. 58 Miss. L. J. 275, Fall 
1988. 



§ 37-7-321. Employment and designation of peace officers; 
minimum level of basic law enforcement training required; 
operation of radio broadcasting and transmission station; 
interlocal agreements with other law enforcement entities 
for provision of certain equipment or services. 

(1) The school board of any school district within the State of Mississippi, 
in its discretion, may employ one or more persons as security personnel and 
may designate such persons as peace officers in or on any property operated for 
school purposes by such board upon their taking such oath and making such 
bond as required of a constable of the county in which the school district is 
situated. 



224 



School Districts; Trustees § 37-7-321 

(2) Any person employed by a school board as a security guard or school 
resource officer or in any other position that has the powers of a peace officer 
must receive a minimum level of basic law enforcement training, as jointly 
determined and prescribed by the Board on Law Enforcement Officer Stan- 
dards and Training and the State Board of Education, within two (2) years of 
the person's initial employment in such position. Upon the failure of any 
person employed in such position to receive the required training within the 
designated time, the person may not exercise the powers of a peace officer in or 
on the property of the school district. 

(3) The school board is authorized and empowered, in its discretion, and 
subject to the approval of the Federal Communications Commission, to install 
and operate a noncommercial radio broadcasting and transmission station for 
educational and vocational educational purposes. 

(4) If a law enforcement officer is duly appointed to be a peace officer by a 
school district under this section, the local school board may enter into an 
interlocal agreement with other law enforcement entities for the provision of 
equipment or traffic control duties, however, the duty to enforce traffic 
regulations and to enforce the laws of the state or municipality off of school 
property lies with the local police or sheriff's department which cannot 
withhold its services solely because of the lack of such an agreement. 

SOURCES: Laws, 1975, ch. 351, § 1; Laws, 1986, ch. 492, § 18; Laws, 2000, ch. 
437, § 1; Laws, 2006, ch. 441, § 2, eff from and after July 1, 2006. 

Amendment Notes — The 2006 amendment added (4). 

ATTORNEY GENERAL OPINIONS 

A school district and a city may enter and 37-7-323, then the school district, as 
into an interlocal agreement for the pro- part of its statutory law enforcement re- 
vision of traffic control, although the duty sponsibilities, may enter into an interlocal 
to enforce traffic regulations lies with the agreement with other law enforcement 
police department and it can not withhold entities for the provision of equipment to 
its services solely because of the lack of its peace officer< Thompson, June 25, 1999, 
such an agreement. Noble, January 15, A G Od #99 0316 
1999, A. G. Op. #98-0714. V y ' . , \, .' K , , 

t* i. i tl jj i rc j j. N° statutory authority can be found 

It a school board designates an on-duty , . , n ■, , , , , 

law enforcement officer as a peace officer which would permit school employees to 

pursuant to §§ 37-7-321 and 37-7-323, search a student vehicle that is parked on 

then the school district imbues the secu- a Clt y street > to designate parking on a city 

rity guard with the powers and authority street or to c o ntr °! traffic flow of a city 

of a constable, which is a law enforcement street ; however, a school district and a city 

officer under § 19-19-5; as a law enforce- ma y enter into an interlocal agreement for 

ment officer, this peace officer would be the provision of traffic control, and city 

entitled to certain immunities from some and county law enforcement agencies are 

federal and state claims. Thompson, June authorized to contract with school dis- 

25, 1999, A.G. Op. #99-0316. tricts for the provision of police protection. 

If a security guard is duly appointed to Taylor, July 7, 2004, A.G. Op. 03-0334. 
be a peace officer pursuant to §§ 37-7-321 



225 



§ 37-7-323 Education 

§ 37-7-323. Application and enforcement of general criminal 
laws of state. 

Any act which, if committed within the limits of a city, town or village, or 
in any public place, would be a violation of the general laws of this state, shall 
be criminal and punishable if done on the campus, grounds or roads of any of 
the public schools of this state. The peace officers duly appointed by the school 
board of any school district are vested with the powers and subjected to the 
duties of a constable for the purpose of preventing all violations of law on 
school property within the district, and for preserving order and decorum 
thereon. The peace officers duly appointed by the school board of any school 
district are also vested with the powers and subjected to the duties of a 
constable for the purpose of preventing all violations of law that occur within 
five hundred (500) feet of any property owned by the school district, if 
reasonably determined to have a possible impact on the safety of students, 
faculty or staff of the school district while on said property. Provided, however, 
that nothing in this section shall be interpreted to require action by any such 
peace officer appointed by a school district to events occurring outside the 
boundaries of school property, nor shall any such school district or its 
employees be liable for any failure to act to any event occurring outside the 
boundaries of property owned by the school district. 

SOURCES: Laws, 1975, ch. 351, § 2; Laws, 1986, ch. 492, § 19; Laws, 2006, ch. 
441, § 1, eff from and after July 1, 2006. 

Amendment Notes — The 2006 amendment added the last two sentences. 

ATTORNEY GENERAL OPINIONS 

If a school board designates an off-duty If a security guard is duly appointed to 

law enforcement officer as a peace officer be a peace officer pursuant to §§ 37-7-321 

pursuant to §§ 37-7-321 and 37-7-323, and 37-7-323, then the school district, as 

then the school district imbues the secu- part of its statutory law enforcement re- 

rity guard with the powers and authority sponsibilities, may enter into an interlocal 

of a constable, which is a law enforcement agreement with other law enforcement 

officer under § 19-19-5; as a law enforce- entities for the provision of equipment to 

ment officer, this peace officer would be its peace officer. Thompson, June 25, 1999, 

entitled to certain immunities from some a.G. Op. #99-0316. 
federal and state claims. Thompson, June 
25, 1999, A.G. Op. #99-0316. 

§ 37-7-325. Obtaining funds from Tennessee Valley Authori- 
ty's Commercial and Industrial Energy Conservation Fi- 
nancing Plan. 

Any school district in the State of Mississippi is hereby authorized and 
empowered to contract with and to be contracted with by the Tennessee Valley 
Authority for the purpose of obtaining funds from the Tennessee Valley 
Authority's Commercial and Industrial Energy Conservation Financing Plan. 

226 



School Districts; Trustees § 37-7-329 

The loan plan is designed to assist certain school districts to modify such school 
buildings as are determined to be energy-inefficient. 

SOURCES: Laws, 1980, ch. 379, eff from and after passage (approved April 25, 
1980). 

Cross References — Compliance with state energy conservation standards, see 
§ 37-47-15. 
School Energy Conservation Program generally, see §§ 57-39-201. 

§ 37-7-327. Establishment and operation of orphanage public 
school. 

The school board in any county in which is located an orphanage with fifty 
(50) or more children of educable age residing therein, at any regular or called 
meeting, may in its discretion establish an orphanage public school, said school 
to embrace only such territory owned and occupied by such orphanage, for such 
orphanage children, provided that a majority of the board of trustees or 
directors of such orphanage first petition the school board in writing to so 
establish a public school. Such school when established shall be designated as 
an orphanage public school. 

After such school is established and before a public school is opened, the 
management of such orphanage must first tender to the superintendent of 
schools a satisfactory building and educational equipment for said school and 
enter into a contract with the superintendent of schools agreeing to furnish 
such building and equipment and to provide for its upkeep, fuel and such other 
things necessary for the successful operation of the school plant. 

When an orphanage public school is established under this section and the 
conditions as set forth above are met, the superintendent of schools shall have 
all children of educable age residing in such orphanage enumerated in the 
manner as is now prescribed by law. Said orphanage public school shall receive 
financial support from any and all sources from which public school districts 
now receive support under the law except from funds derived from local tax 
levies. Said funds shall be paid into the school district depository to the credit 
of that orphanage public school fund and the same are to be paid out upon 
presentation of the superintendent's pay certificate. 

An orphanage public school shall be under the direct control of the school 
board. 

This section shall not be construed to repeal any other law or to abridge 
the rights and privileges heretofore exercised by the children of any orphan- 
age. 

SOURCES: Laws, 1986, ch. 492, § 20, eff from and after July 1, 1987. 

§ 37-7-329. Establishment and operation of schools exclu- 
sively for Indians. 

In a school district where there are Indian children, or children of any race 

227 



§ 37-7-333 Education 

not otherwise provided for by law with educational advantages, sufficient to 
form a school, the school board may locate one or more schools exclusively for 
Indians, or children of such other race, and pay salaries of teachers for same, 
and provide for the transportation of the children, under rules and regulations 
prescribed by the State Board of Education. Special licenses may be provided 
by the director of the division of instruction for teachers of Indian schools and 
other schools mentioned in this section. 

SOURCES: Laws, 1986, ch. 492, § 21, eff from and after July 1, 1987. 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 

§ 37-7-333. Control of funds for support and maintenance of 
schools; reports of tax collector; deposit of funds. 

The school boards of all school districts shall have full control of the 
receipt, distribution, allotment and disbursement of all funds which may be 
provided for the support and maintenance of the schools of such district 
whether such funds be minimum education program allotments, funds derived 
from supplementary tax levies as authorized by law, or funds derived from any 
other source whatsoever except as may otherwise be provided by law for 
control of the proceeds from school bonds or notes and the taxes levied to pay 
the principal of and interest on such bonds or notes. The tax collector of each 
county shall make reports, in writing, verified by his affidavit, on or before the 
twentieth day of each month to the superintendent of schools of each school 
district within such county reflecting all school district taxes collected by him 
for the support of said school district during the preceding month. He shall at 
the same time pay over all such school district taxes collected by him for the 
support of said school district directly to said superintendent of schools. 

All such allotments or funds shall be placed in the depository or deposi- 
tories selected by the school board in the same manner as provided in Section 
27-105-305 for the selection of county depositories. Provided, however, the 
annual notice to be given by the school board to financial institutions may be 
given by the school board at any regular meeting subsequent to the board's 
regular December meeting but prior to the regular May meeting. The bids of 
financial institutions for the privilege of keeping school funds may be received 
by the school board at some subsequent meeting, but no later than the regular 
June meeting; and the selection by the school board of the depository or 
depositories shall be effective on July 1 of each year. School boards shall 
advertise and accept bids for depositories, no less than once every three (3) 
years, when such board determines that it can obtain a more favorable rate of 
interest and less administrative processing. Such depository shall place on 
deposit with the superintendent of schools the same securities as required in 
Section 27-105-315. 

In the event a bank submits a bid or offer to a school district to act as a 
depository for the district and such bid or offer, if accepted, would result in a 
contract in which a member of the school board would have a direct or indirect 

228 



School Districts; Trustees 



§ 37-7-335 



interest, the school board should not open or consider any bids received. The 
superintendent of schools shall submit the matter to the State Treasurer, who 
shall have the authority to solicit bids, select a depository or depositories, 
make all decisions and take any action within the authority of the school board 
under this section relating to the selection of a depository or depositories. 

SOURCES: Laws, 1986, ch. 492, § 22; Laws, 1991, ch. 534, § 2; Laws, 1992, ch. 
409, § 1; Laws, 1995, ch. 422, § 1; Laws, 1997, ch. 391, § 1, eff from and after 
July 1, 1997. 

Cross References — State Treasurer generally, see §§ 7-9-1 et seq. 

ATTORNEY GENERAL OPINIONS 



A school board may, in the exercise its 
discretion, re-issue a pay warrant to a 
former teacher, where the original pay 
warrant was never deposited or negoti- 
ated. Smith, June 25, 1992, AG. Op. #92- 
0470. 

The board of trustees of a county school 
district may accept from a qualified finan- 
cial institution as pledged security for 
school funds placed in such institution, 
surety bonds of any surety company au- 
thorized to do business in Mississippi, 
provided that such bonds are not rated 
substandard by any of the appropriate 
supervisory authorities having jurisdic- 
tion over such depository or by any recog- 
nized national rating agency engaged in 
the business of rating bonds; however, the 
board should be aware that surety bonds 
are not negotiable instruments which can 
be sold to recover lost deposits. Dickey, 
June 18, 1999, AG. Op. #99-0287. 

The prohibitions imposed by Section 
109 of the Mississippi Constitution and 
Code Section 25-4-105(2) are eliminated if 
the school board and school superinten- 
dent follow the procedure stated in Code 



Section 37-7-333 when selecting a deposi- 
tory; however, the constitutional prohibi- 
tions are eliminated only with regard to 
the selection of a depository, and there 
would still be a conflict for other purposes, 
such as selecting and opening accounts in 
various banks, approval of securities 
pledged, and transfer and deposit of funds 
between depositories, etc. Manning, July 
14, 2000, AG. Op. #2000-0324. 

Although no penalties are prescribed, 
the statutory requirement that in cases 
resulting in a conflict "the school board 
should not open or consider any bids re- 
ceived" and "the superintendent of schools 
shall submit the matter to the State Trea- 
surer. . ." is mandatory. Manning, July 14, 
2000, AG. Op. #2000-0324. 

The school board must be allowed to 
reject or approve all claims before pay 
certificates are issued by the superinten- 
dent of education; however, pay certifi- 
cates may be issued by the superintendent 
without prior approval of the school board 
on the payment of specific claims in accor- 
dance with the exceptions set out in sub- 
section 37-9-14(7). Henderson, Dec. 6, 
2002, AG. Op. #02-0658. 



§ 37-7-335. Establishment of fees; hardship waiver policy. 

(1) The school board of any school district shall be authorized to charge 
reasonable fees, but not more than the actual cost, for the following: 

(a) Supplemental instructional materials and supplies, excluding text- 
books; 

(b) Any other fees designated by the local school board as fees related to 
a valid curriculum educational objective, including transportation; and 



229 



§ 37-7-335 Education 

(c) Extracurricular activities and any other educational activities of the 
school district that are not designated by the local school board as valid 
curriculum educational objectives, such as band trips and athletic events. 

(2)(a) All fees authorized to be charged under this section, except those 
fees authorized under subsection (l)(c) of this section, shall be charged only 
upon the condition that the school board of each school district shall adopt a 
financial hardship waiver policy that shall be kept in the strictest of 
confidence with all files and personal disclosures restricted from review by 
the general public. The financial hardship waiver policy must be distributed 
in writing to pupils at the time of enrollment. Any family who qualifies for 
the National School Lunch Program, as created by the Richard B. Russell 
National School Lunch Act (42 USCS Section 1751 et seq.), shall receive a 
financial hardship waiver. 

The board shall insure that a pupil eligible to have any such fees waived 
as a result of an inability to pay for those fees, shall not be discriminated 
against nor shall there be any overt identification of any pupil who has 
received a financial hardship waiver by use of special tokens or tickets, 
announcements, posting or publication of names, physical separation, choice 
of materials or by any other means. In no case shall any school district's 
procedures expose any pupil receiving a hardship waiver to any type of 
stigma or ridicule by other pupils or school district personnel. 

(b) The confidentiality of the financial hardship waiver policy adopted 

by the school board shall apply to any students who have an inability to pay 

any fees authorized under subsection (1) of this section. 

(3) In no case shall the inability to pay the assessment of fees authorized 

under the provisions of this section result in a pupil being denied or deprived 

of any academic awards or standards, any class selection, grade, diploma, 

transcript or the right to participate in any activity related to educational 

enhancement. 

SOURCES: Laws, 1986, ch. 492, § 22; Laws, 1989, ch. 585, § 8, effective April 25, 
1989 (became law without the Governor's signature); Laws, 2007, ch. 380, 
§ 1, eff from and after July 1, 2007. 

Editor's Note — Section 9, ch. 585, Laws of 1989, provides as follows: 

"SECTION 9. If any section, paragraph, sentence, clause, phrase or any part of this 
act is declared to be unconstitutional or void, or if for any reason is declared to be 
invalid or of no effect, the remaining sections, paragraphs, sentences, clauses, phrases 
or parts thereof shall be in no manner affected thereby but shall remain in full force and 
effect." 

Amendment Notes — The 2007 amendment in (2)(a), divided the former first 
paragraph into the present first and second paragraphs, and added the last two 
sentences in the first paragraph; deleted "(c)" following "subsection (1)" in (2)(b); and 
made minor stylistic changes. 

Cross References — Textbooks generally, see §§ 37-43-1 et seq. 



230 



School Districts; Trustees § 37-7-337 

ATTORNEY GENERAL OPINIONS 

A school board may, with proper notice, If optional workbooks are offered to stu- 
adopt a rule wherein further property dents and a fee assessed, the workbooks 
belonging to the school may be withheld should be available to all students equally 
from a student who has lost, destroyed, or and, therefore, a hardship waiver policy 
damaged school property entrusted to him would have to be available to any student 
or her until such time as the student or who was unable to purchase the work- 
parents reimburse the school for the prop- book. Young, Oct. 5, 2001, A.G. Op. #01- 
erty. Chaney, Jr., Jan. 28, 2000, A.G. Op. 0578. 
#99-0723. 

§ 37-7-337. Plan to encourage community involvement in 
schools [Repealed effective June 30, 2009]. 

(1) The governing authorities of the county, counties or city in which a 
school district is located and the school board of each school district shall 
develop a five-year plan to encourage community involvement with the schools 
in such district. 

(2) Districts meeting Level 4 or 5 accreditation standards, as defined by 
the State Board of Education, shall be exempted from the mandatory provi- 
sions of this section. 

SOURCES: Laws, 1992, ch. 419, § 12; Laws, 2006, ch. 417, § 7, eft from and after 
July 1, 2006. 

Editor's Note — Laws of 1992, ch. 419, was vetoed by the Governor on May 3, 1992. 
The veto was overridden by the State Senate and House of Representatives on May 4, 
1992. 

Laws of 1992, ch. 419, § 34, effective from and after July 1, 1992, provides as follows: 

"SECTION 34. Nothing in this act shall affect or defeat any claim, assessment, 
appeal, suit, right or cause of action for taxes due or accrued under the income, sales 
and use tax laws before the date on which this act becomes effective, whether such 
claims, assessments, appeals, suits or actions have been begun before the date on which 
this act becomes effective or are begun thereafter; and the provisions of the income, 
sales and use tax laws are expressly continued in full force, effect and operation for the 
purpose of the assessment, collection and enrollment of liens for any taxes due or 
accrued and the execution of any warrant under such laws before the date on which this 
act becomes effective, and for the imposition of any penalties, forfeitures or claims for 
failure to comply with such laws." 

Laws of 2006, ch. 417, § 15 provides: 

"SECTION 15. This act shall take effect and be in force from and after July 1, 2006, 
and shall stand repealed on June 30, 2009." 

Amendment Notes — The 2006 amendment deleted the former last sentence in (1), 
which read: "Such plan shall be filed with the State Department of Education on or 
before January 1, 1993"; and added (2). 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 

Exemption from the provisions of this section for school districts meeting Level 4 or 
5 accreditation standards, see § 37-17-12. 



231 



§ 37-7-339 Education 

§ 37-7-339. Extended day and school year programs; funding; 
authority to adopt orders, policies, rules and regulations; 
goal. 

(1) The school board of any local school district, in its discretion, may 
provide extended day and extended school year programs for kindergarten or 
compulsory-school-age students, or both, and may expend any funds for these 
purposes which are available from sources other than the adequate education 
program. It is not the intent of the Legislature, in enacting this section, to 
interfere with the Headstart program. School boards, in their discretion, may 
charge participants a reasonable fee for such programs. 

(2) The school board of any school district may adopt any orders, policies, 
rules or regulations with respect to instruction within that school district for 
which no specific provision has been made by general law and which are not 
inconsistent with the Mississippi Constitution of 1890, the Mississippi Code of 
1972, or any order, policy, rule or regulation of the State Board of Education; 
those school boards also may alter, modify and repeal any orders, policies, rules 
or regulations enacted under this subsection. Any such program pertaining to 
reading must further the goal that Mississippi students will demonstrate a 
growing proficiency in reading and will reach or exceed the national average 
within the next decade. 

SOURCES: Laws, 1998, ch. 497, § 2; reenacted and amended, Laws, 2002, ch. 
332, § 1; reenacted and amended, Laws, 2002, ch. 611, § 1, eff from and 
after July 1, 2002. 

Joint Legislative Committee Note — Section 1 of ch. 332, Laws of 2002, eff from 
and after June 30, 2002 (approved March 18, 2002), amended this section. Section 1 of 
ch. 611, Laws of 2002, eff July 1, 2002 (approved April 25, 2002), also amended this 
section. As set out above, this section reflects the language of Section 1 of ch. 611, Laws 
of 2002, pursuant to Section 1-3-79 which provides that whenever the same section of 
law is amended by different bills during the same legislative session the amendment 
with the latest effective date shall supersede all other amendments to the same section 
taking effect on an earlier date. 

Cross References — Headstart early childhood education programs, see §§ 37-21-1 
through 37-21-9. 

§ 37-7-341. Expenditure of funds for student field trips to 
nonprofit museums. 

The school board of a local school district may expend funds from any 
available sources for the purpose of defraying the cost of student field trips to 
public or private nonprofit museums, including the cost of admission to such 
museums. 

SOURCES: Laws, 2002, ch. 611, § 2, eff from and after July 1, 2002. 



232 



School Districts; Trustees § 37-7-345 

§ 37-7-343. Authority to enter into contracts for training and 
professional development of district employees. 

The school board of a local school district may enter into contracts or 
agreements with persons or entities, public or private, to provide training or 
professional development activities, or both, for employees of the district. 

SOURCES: Laws, 2002, ch. 611, § 3, eff from and after July 1, 2002. 

§ 37-7-345. Authorization to establish regional educational 
service agency; agency to be organized as nonprofit tax 
exempt corporation; operation and management by public 
advisory board; board of directors; Executive Director; pow- 
ers and responsibilities of educational service agency. 

(1) A regional educational service agency (ESA) may be established in a 
region of the state when twelve or more school districts determine there are 
benefits and services that can be derived from the collective and collaborative 
formation of an agency for the purpose of pooling and leveraging resources for 
the common benefit of students, teachers, administrators and taxpayers. An 
educational service agency shall be incorporated in the State of Mississippi 
and organized under the laws of the State of Mississippi as a nonprofit 
corporation. The educational service agency shall obtain 501(c)(3) status with 
the Internal Revenue Service. 

(2) The operation and management of the educational service agency 
shall be the responsibility of a public advisory board composed of the super- 
intendents of schools or their designees from each participating school district. 

(3) A board of directors shall be elected on an annual basis from the 
advisory board to oversee the day-to-day operations of the agency. 

(4) The executive board shall hire an Executive Director to serve as the 
executive agent of the board of the regional educational service agency. 

(5) The board of directors of a regional educational service agency shall 
have the authority to establish policies for the regional educational service to 
determine the programs and services to be provided, to employ staff, to prepare 
and expend the budget, to provide for financing programs and projects of the 
regional educational service agency, and to annually evaluate the performance 
of the agency. The board may purchase, hold, encumber and dispose of real 
property, in the name of the agency, for use as its office or for any educational 
service provided by the agency. 

(6) The educational service agency is authorized and empowered to: 
develop, manage and provide support services and/or programs as determined 
by the needs of the local school district. Educational service agencies (ESAs) 
shall: 

(a) Act primarily as service agencies in providing services and/or 
programs as identified and requested by member school districts (services 
may include, but are not limited to, professional development, instructional 

233 



§ 37-7-346 Education 

materials, educational technology, curriculum development and alternative 
educational programs); 

(b) Provide for economy, efficiency and cost effectiveness in the cooper- 
ative delivery and purchase or lease of educational services, materials and 
products (services may include, but are not limited to, purchasing coopera- 
tives, insurance cooperatives, business manager services, auditing and 
accounting services, school safety/risk prevention, and data processing and 
student records); 

(c) Provide administrative services (services may include, but are not 
limited to, communications/public information, employee background 
checks, grants management, printing/publications and internships). 

(d) Provide educational services through leadership, research and de- 
velopment in elementary and secondary education; 

(e) Act in a cooperative and supportive role, including contracting, with 
the Mississippi Department of Education, Mississippi Institutes of Higher 
Learning, Mississippi Community Colleges and other state educational 
organizations in the development and implementation of long-range plans, 
strategies and goals for the enhancement of educational opportunities in 
elementary and secondary education; and 

(f) Serve, when appropriate and as funds become available, as a 
repository, clearinghouse and administrator of federal, state, local and 
private funds on behalf of school districts which choose to participate in 
special programs, projects or grants in order to enhance the quality of 
education in Mississippi schools. 

SOURCES: Laws, 2004, ch. 408, § 1, eff from and after July 1, 2004. 

Cross References — Mississippi Department of Education generally, see §§ 37-3-1 
et seq. 

Federal Aspects — Tax exempt nonprofit organization in accordance with § 
501(c)(3) of the Internal Revenue Code, see 26 USCS § 501(c)(3). 

§ 37-7-346. Regional educational service agencies and State 
Department of Education to jointly develop a plan for 
increasing duties and responsibilities of the agencies. [Re- 
pealed effective June 30, 2009]. 

The State Department of Education and the Regional Education Service 
Agencies (RESAs) shall prepare jointly a report, to be submitted before 
December 15, 2006, for consideration of the Legislature and Governor, detail- 
ing the plans that shall be enacted by State Board of Education policy of how 
RESAs will work in partnership with the State Department of Education to 
increase their function as a local provider of educational services and purchas- 
ing consortia as provided in Section 37-7-345(6). These services must be 
prescribed by policies and standards of the State Department of Education and 
must include, but not necessarily be limited to, professional development, 
instructional materials, educational technology, curriculum development, al- 

234 



School Districts; Trustees § 37-7-351 

ternative educational programs, purchasing cooperatives, insurance coopera- 
tives, business manager services, auditing and accounting services, school 
safety/risk prevention, data processing and student records, communications/ 
public information, employee background checks, grants management, print- 
ing/publications and internships. 

SOURCES: Laws, 2006, ch. 346, § 6; Laws, 2006, ch. 504, § 15, eff from and after 
July 1, 2006. 

Editor's Note — Laws of 2006, ch. 346, § 6, effective from and after July 1, 2006 
(approved March 13, 2006), contained identical language to this section and also was 
directed to be codified as a new Section 37-7-346. The version contained in Laws of 2006, 
ch. 504, effective from and after July 1, 2006 (approved March 28, 2006), is printed here 
because it is the latest expression of legislative intent, as determined by the Co-counsel 
of the Joint Legislative Committee on Compilation, Revision and Publication of 
Legislation. 

Laws of 2006, ch. 504 § 1(1), codified at § 37-161-1(1), provides as follows: 

"Section 1.(1) This act shall be known and may be referred to as the 'Mississippi 
Education Reform Act of 2006.' " 

Laws of 2006, ch. 504, § 19 provides: 

"SECTION 19. This act shall take effect and be in force from and after July 1, 2006, 
and shall stand repealed on June 30, 2009." 

Cross References — Mississippi Education Reform Act of 2006, see §§ 37-161-1 et 
seq. 

Article 8. 
Emergency School Leasing Authority. 

Sec 

37-7-351. Short title. 

37-7-353. Legislative findings and declarations. 

37-7-355. Authority to transfer or permit use of property for school district 

purposes. 

37-7-357. Relationship of provisions with other laws. 

37-7-359. Appropriations for lease rentals; tax levies. 

§ 37-7-351. Short title. 

Sections 37-7-351 through 37-7-359 shall be known and may be cited as 
the "Emergency School Leasing Authority Act of 1986." 

SOURCES: Laws, 1986, ch. 415, § 1, eff from and after passage (approved 
March 31, 1986). 

Cross References — Pledge of monies from Education Enhancement Fund to pay 
debt service on debt issued under this section, see § 37-61-33. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 51 CJS. 78 C.J.S., Schools §§ 8-13, 356 et 
et seq., 80 et seq. seq. 

235 



§ 37-7-353 Education 

§ 37-7-353. Legislative findings and declarations. 

The Legislature finds and declares that there exists an urgent shortage of 
adequate public school facilities, equipment and capital with which to provide 
such facilities and equipment for the attainment of a satisfactory level of public 
education in the schools of this state, and that this situation has become a 
critical priority of many school districts in order to provide adequate space for 
kindergarten programs as mandated by the Education Reform Act of 1982. It 
is the purpose of Sections 37-7-351 through 37-7-359 to provide the boards of 
trustees of the school districts of this state with additional options with which 
to provide for facilities, equipment and other property necessary, in the 
judgment of the boards of trustees of such school districts, to properly carry out 
the local education needs of the local school districts. 

SOURCES: Laws, 1986, ch. 415, § 2, eff from and after passage (approved 
March 31, 1986). 

Editor's Note — The Education Reform Act of 1982, referred to in this section, is 
Laws of 1982, 1st Ex. Sess., ch. 17. For a complete list of code sections affected by Laws 
of 1982, 1st Ex. Sess., ch. 17, see the Statutory Tables Volume, Table B, Allocation of 
Acts. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 51 CJS. 78 C.J.S., Schools §§ 8-13, 356 et 
et seq., 80 et seq. seq. 

§ 37-7-355. Authority to transfer or permit use of property for 
school district purposes. 

(1) Any school district by resolution of the school board is hereby empow- 
ered, without public or competitive bidding, to sell, lease, lend, grant or convey 
to a corporation, individual or partnership pursuant to Sections 37-7-351 
through 37-7-359 or to permit such corporation, individual or partnership to 
use, maintain or operate as part of any public school facility, any real or 
personal property which may be necessary, useful or convenient for the 
purposes of the school district. Any such conveyances may include sale- 
leaseback or lease-leaseback arrangements, without the necessity of complying 
with the requirements of Article 9 of Chapter 7 of Title 37, Mississippi Code of 
1972, or any other general laws which might be applicable thereto, with regard 
to disposal of surplus property. Any such sale, lease, loan, grant, conveyance or 
permit may be made or given with or without consideration and for a period of 
time not to exceed twenty (20) years for agreements entered into under any 
agreement and on any terms and conditions which may be approved by such 
school district. Provided, however, that any such sale, lease, loan, grant, 
conveyance or permit executed under authority of this section shall provide 
that title to any real property transferred by a local school district shall revert 
to the school district at the expiration of the term. 

236 



School Districts; Trustees § 37-7-355 

(2) The resolution adopted by the school board or governing authority 
shall be published once each week for three (3) consecutive weeks in a 
newspaper having a general circulation in the school district involved, with the 
first publication thereof to be made not less than thirty (30) days prior to the 
date upon which the school board or governing authority is to take final action 
upon the question of sale, lease, loan, grant or conveyance to an authority. If no 
petition requesting an election is filed prior to such meeting as hereinafter 
provided, then the school board or governing authority may, in its discretion, at 
said meeting, by resolution spread upon its minutes, give final approval to such 
sale, lease, loan, grant or conveyance. If at any time prior to such meeting a 
petition signed by not less than twenty percent (20%) or fifteen hundred (1500), 
whichever is less, of the qualified electors of the school district involved shall 
be filed with the school board or governing authority requesting that an 
election be called on the question, then the school board or governing authority 
shall, not later than the next regular meeting, adopt a resolution calling an 
election to be held within such school district upon the question of authorizing 
such sale, lease, loan, grant or conveyance to an authority. Such election shall 
be called and held, and notice thereof shall be given, in the same manner as for 
elections upon the question of issuing bonds of school districts, and the results 
thereof shall be certified to the school board or governing authority. If at least 
three-fifths ( 3 /s) of the qualified electors of the school district who voted in such 
election shall vote in favor of authorizing said action, then the school board or 
governing authority shall proceed to sell, lease, lend, grant or convey such 
property as prayed for in the original resolution of the school board or 
governing authority; however, unless at least three-fifths ( 3 /s) of the qualified 
electors voting in an election vote in favor of such action, then no sale, lease, 
loan, grant or conveyance shall be made. 

SOURCES: Laws, 1986, ch. 415, § 4, eff from and after passage (approved 
March 31, 1986). 

Editor's Note — As enacted by Laws of 1986, ch. 415, § 4, the second sentence of 
this section contained a reference to "Article 9 of Title 37, Mississippi Code of 1972". By 
direction of the Revisor of Statutes, the second sentence has been changed to read 
"Article 9 of Chapter 7 of Title 37, Mississippi Code of 1972". 

Cross References — Acquisition and disposition of school school district property, 
see §§ 37-7-401 et seq. 

ATTORNEY GENERAL OPINIONS 

After entering into a sale-leaseback ar- ing a decrease in the lease monies to be 

rangement pursuant to this section, the paid by the school district without adver- 

board of trustees of a county school dis- tising pursuant to subsection (2) of this 

trict may lawfully amend the arrange- section. Zachary, June 18, 1999, A.G. Op. 

ment, subject to the agreement of the #99-0282. 
owner/lesser, for the sole purpose of effect- 



237 



§ 37-7-357 Education 

RESEARCH REFERENCES 

ALR. Application of requirement that CJS. 78 C.J.S., Schools §§ 8-13, 356 et 
newspaper be locally published for official seq. 
notice publication. 85 A.L.R.4th 581. 

Am Jur. 68 Am. Jur. 2d, Schools §§51 
et seq., 80 et seq. 

§ 37-7-357. Relationship of provisions with other laws. 

Sections 37-7-351 through 37-7-359 are intended to be and shall be 
construed as being supplemental to all existing laws covering the acquisition, 
use and maintenance of school buildings by school districts. It is further 
provided that, as to school buildings constructed or leased pursuant to the 
provisions of Sections 37-7-351 through 37-7-359, it shall not be necessary to 
comply with the provisions of other laws concerning acquisition, use and 
maintenance of school buildings by school districts except as herein specifically 
required. 

SOURCES: Laws, 1986, ch. 415, § 5, eff from and after passage (approved 
March 31, 1986). 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 51 CJS. 78 C.J.S., Schools §§ 8-13, 356 et 
et seq., 80 et seq. seq. 

§ 37-7-359. Appropriations for lease rentals; tax levies. 

Any school district which shall execute a lease rental contract under the 
provisions of Section 37-7-30 l(v) after June 30, 1987 or in connection with a 
sale-leaseback or lease-leaseback arrangement authorized under the provi- 
sions of Section 37-7-355 shall annually appropriate sufficient monies to pay 
the lease rentals stipulated to be paid by such school district in the lease 
contract and/or lease purchase agreement, which lease contract and/or lease- 
purchase agreement shall constitute a general obligation of the school district. 
Any lease contracts entered into under the authority granted by Section 
37-7-301(v) or 37-7-351 through 37-7-359 shall not be considered bonded 
indebtedness for purposes of the limitations of indebtedness contained in 
Sections 37-59-5 and 37-59-7 and shall not be subject to such limitations. Any 
millage being initially levied on or before July 1, 1991, to fund leases under this 
section shall remain in force until such time as the lease term has expired and 
the school district has fulfilled all of its obligations thereafter. 

SOURCES: Laws, 1986, ch. 415, § 6; Laws, 1986, ch. 503; Laws, 1987, ch. 307, 
§ 44; Laws, 1995, ch. 440, § 2, eff from and after passage (approved March 
21, 1995). 



238 



School Districts; Trustees § 37-7-401 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 51 CJS. 78 C.J.S., Schools §§ 8-13, 356 et 
et seq., 80 et seq. seq. 

Article 9. 
Acquisition and Disposition of District Property. 

In General 37-7-401 

Exchange of School Property 37-7-431 

Disposition of Property Not Needed for School Purposes 37-7-451 

Disposition of Property Not Needed for School Purposes; Additional 

Method 37-7-471 

Disposition of Property on Dissolution of School District 37-7-501 

Disposition of Lands Acquired by Township Trustees for Schools and 

School Lands 37-7-531 

IN GENERAL 

Sec. 

37-7-401. Acquisition of land outside of district for construction of school build- 

ings. 

37-7-403. Authorization of joint construction of buildings or other facilities or 

operation of schools by adjoining school districts. 

37-7-405. Agreement between boards of trustees as to joint construction of 

buildings or operation of schools. 

37-7-407. Approval of agreements of boards of trustees as to joint construction of 

buildings or operation of schools. 

37-7-409. Expenditure of funds for joint construction of buildings or operation of 

schools; applicable laws; levy of taxes. 

37-7-411. Agreement as to control over joint school operation or building; appli- 

cable laws. 

37-7-413. Powers included within power to construct, erect, and equip school 

buildings. 

37-7-415. Effect of extension of municipal corporate limits. 

37-7-417. Authorization for agreements between school districts to establish 

regional high schools; establishment and powers of boards of trustees. 

37-7-419. Authorization for appropriation and expenditure of funds for regional 

high schools; disbursements; evidences of indebtedness; fiscal agent, 
contracting party. 

§ 37-7-401. Acquisition of land outside of district for con- 
struction of school buildings. 

In all cases where the same shall be necessary, advantageous or desirable 
from the standpoint of transportation, the efficiency of operating schools, or 
other pertinent considerations, any school district which has been reconsti- 
tuted, reorganized or created under the provisions of Article 1 of this chapter 
may, with the prior consent and approval of the State Board of Education, 
acquire land outside of the boundaries of said school district and thereon 
construct, erect and equip any needed school building or other school facility of 

239 



§ 37-7-403 Education 

such school district. Any available state public school building funds, or any 
available funds derived from bonds issued by the school district for such 
purpose, or any other funds which are available to said school district for such 
purpose, may be expended for the construction, erecting and equipping of such 
a school building or school facility, all, however, subject to the prior consent and 
approval of the State Board of Education. Any school building or school facility 
so constructed outside of the boundaries of the school district owning same 
shall be operated, managed and supervised by the school board of the school 
district owning same in the same manner as though the building or facility 
were located within the school district, and all the laws of this state concerning 
the operation of schools shall be fully applicable thereto, and the school board 
shall have the power to specify the grades which shall be taught therein. 

SOURCES: Codes, 1942, § 6328-71; Laws, 1956, ch. 266, § 1; Laws, 1986, ch. 492, 
§ 23, eff from and after July 1, 1987. 

Editor's Note — Article 1 of this chapter, referred to in this section, was repealed by 
Laws of 1986, ch. 492, § 50, effective from and after July 1, 1987. 

For present provisions relating to reorganization of school districts, see §§ 37-7-103 
et seq. 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt 
certain transfers of property from the requirements of this article, see § 37-7-355. 

Regional vocational education centers, see §§ 37-31-71 et seq. 

State aid for construction of school facilities see §§ 37-47-1 et seq. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools § 80. CJS. 78 C.J.S., Schools and School Dis- 

16A Am. Jur. Legal Forms 2d (Rev), tricts § 369-371. 
Schools §§ 229.111 et seq. (Acquisition 
and disposition of school property). 

§ 37-7-403. Authorization of joint construction of buildings or 
other facilities or operation of schools by adjoining school 
districts. 

In addition to the power and authority conferred by Section 37-7-401, two 
or more adjoining school districts which have been reconstituted, reorganized 
or created under Article 1 of this chapter may join, unite and cooperate in the 
construction, erecting and equipping of a school building or other school facility 
situated within the boundaries of either or any of the cooperating districts 
which is to be used jointly by the school districts uniting and joining in the 
construction, erecting and equipping thereof. In addition thereto, any two or 
more such school districts may, by appropriate written agreement join and 
unite in the joint operation of one or more schools, school buildings or other 
school facilities which have been or may be constructed, erected or equipped 
wholly by one of such districts. No school districts, however, shall join, unite or 
cooperate in the construction, erecting and equipping or contract for the joint 
operation of a school or joint school building unless the proposal so to do shall 

240 



School Districts; Trustees § 37-7-405 

first be submitted to and approved by the state educational finance commis- 
sion. 

SOURCES: Codes, 1942, § 6328-72; Laws, 1956, ch. 266, § 2, 1960, ch. 301, § 1. 

Editor's Note — Article 1 of this chapter, referred to in this section, was repealed by 
Laws of 1986, ch. 492, § 50, effective from and after July 1, 1987. 

For present provisions relating to reorganization of school districts, see §§ 37-7-103 
et seq. 

Section 37-45-3 provides that all references in laws of the. state to "State Educational 
Finance Commission" or "commission", when referring to the Educational Finance 
Commission, shall be construed to mean the State Board of Education. 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 that exempt certain transfers of property from the requirements of this article, see 
§ 37-7-355. 

Regional vocational education centers, see §§ 37-31-71 et seq. 

State aid for construction of school facilities see §§ 37-47-1 et seq. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools § 84. CJS. 78 C.J.S., Schools and School Dis- 

16A Am. Jur. Legal Forms 2d (Rev), tricts § 385. 
Schools § 229.26 (contract for establish- 
ment for joint school system by two school 
districts). 

§ 37-7-405. Agreement between boards of trustees as to joint 
construction of buildings or operation of schools. 

When any two (2) or more adjoining school districts shall desire and 
propose to join, unite and cooperate in the construction, erecting and equipping 
of a joint school building or for the joint operation of a school or other school 
facility which has been or may be constructed, erected or equipped wholly by 
one of such districts, as authorized by Section 37-7-403, the school boards of all 
school districts concerned shall enter into an appropriate agreement as to the 
location and site of said school building, the manner of providing funds to 
defray the operating expenses thereof, the grades to be taught therein, the 
proportion or amount of funds for the construction, erecting and equipping of 
said school building to be paid or contributed by each district, the proportion- 
ate ownership of such building by each district, and all other material and 
pertinent considerations. In the event the school building or facility involved 
has been or is to be constructed, erected and equipped entirely by one of such 
districts, acting alone, the contract may provide that the entire ownership of 
the building and equipment therein shall be in the school district so construct- 
ing, erecting and equipping same. 

SOURCES: Codes, 1942, § 6328-73; Laws, 1956, ch. 266, § 3; Laws, 1960, ch. 301, 
§ 2; Laws, 1986, ch. 492, § 24, eff from and after July 1, 1987. 



241 



§ 37-7-407 Education 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 that exempt certain transfers of property from the requirements of this article, see 
§ 37-7-355. 

State aid for construction of school facilities, see §§ 37-47-1 et seq. 

§ 37-7-407. Approval of agreements of boards of trustees as to 
joint construction of buildings or operation of schools. 

Such contract or agreement provided for in Section 37-7-405, shall be 
transmitted to the state educational finance commission which shall consider 
and pass upon same from the standpoint of whether or not same will promote 
the welfare of the school districts involved and the efficiency of the operation of 
the schools thereof. If said agreement shall be approved by the said state 
educational finance commission, then the school districts involved shall be 
authorized to proceed as set forth in said agreement. If, however, the state 
educational finance commission shall disapprove said agreement then the 
school districts involved shall not be authorized to proceed thereunder. Any 
such agreement, with the prior consent and approval of the state educational 
finance commission, may be altered or amended from time to time as 
circumstances require. 

SOURCES: Codes, 1942, § 6328-73; Laws, 1956, ch. 266, § 3; Laws, 1960, ch. 301, 
§ 2. 

Editor's Note — Section 37-45-3 provides that all references in laws of the state to 
"State Educational Finance Commission" or "commission", when referring to the 
Educational Finance Commission, shall be construed to mean the State Board of 
Education. 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 that exempt certain transfers of property from the requirements of this article, see 
§ 37-7-355. 

State aid for construction of school facilities, see §§ 37-47-1 et seq. 

§ 37-7-409. Expenditure of funds for joint construction of 
buildings or operation of schools; applicable laws; levy of 
taxes. 

(1) When any school districts shall be authorized to unite, join and 
cooperate in the construction, erecting and equipping of a joint school building 
or school facility or in the joint operation of a school erected, constructed and 
equipped entirely by one of such districts, any school district so authorized 
may, with the prior consent and approval of the State Board of Education, 
expend in the construction, erecting and equipping of such joint school building 
or the school building which is to be jointly operated any available state public 
school building funds, or any available funds derived from bonds issued by 
such school district for such purpose, or any other funds which are otherwise 
available to such school district for such purpose, as is set forth and stipulated 
in the agreement entered into between the school districts involved. Except as 
is herein specifically provided all provisions of law relative to the construction, 

242 



School Districts; Trustees § 37-7-409 

erecting and equipping of school buildings, the acquisition of land therefor, and 
the expenditure of funds for such purposes, shall be fully applicable to any joint 
school building which has been or is to be constructed, erected and equipped or 
which is to be operated jointly pursuant to an agreement entered into under 
the provisions of Section 37-7-405. 

(2) When a contract is made and entered into for the construction, 
erecting and equipping of joint school facilities or the joint operation of school 
facilities erected, constructed and equipped entirely by one of such districts, as 
provided in Section 37-7-405, and where such contract has been approved by 
the State Board of Education, then any funds which are available for the lawful 
operating and incidental expenses of a school district may be expended by such 
school district as provided and stipulated in the agreement entered into 
between the school districts involved (including, but not limited to, funds for 
payment of tuition, funds payable as a rental upon the use of the building and 
equipment, and funds for maintenance and incidental costs of operation). The 
levying authority for the school district, as denned in Section 37-57-1, upon 
receipt of a certified copy of an order adopted by the school board of the school 
district in the county requesting same, shall at the same time and in the same 
manner as other ad valorem taxes are levied, levy an annual tax in the amount 
fixed in such order as may be required to meet any monetary obligation 
incurred under such contract. Notwithstanding any statute to the contrary, 
such number of mills as is necessary to defray any such contractual obligation 
shall be levied. However, this provision shall in no way be construed to increase 
the number of mills now reimbursable under the homestead exemption laws of 
the State of Mississippi. 

(3) Before levying any taxes under the provisions of this section, which 
levy would exceed the limitations otherwise provided for school purposes, the 
levying authority for the school district, as defined in Section 37-57-1, shall 
adopt a resolution declaring its intention so to do, stating the amount of 
millage to be levied and the purpose for which the proceeds are to be used, and 
the date upon which it proposes to make such levy. Such resolution shall be 
published once a week for not less than three (3) consecutive weeks, in at least 
one (1) newspaper having general circulation in the school district. The first 
publication of such resolution shall be made not less than twenty-one (21) days 
prior to the date fixed in such resolution for the levying of taxes, and the last 
publication shall be made not more than seven (7) days prior to such date. If 
within fifteen (15) days after the final publication of said resolution, a petition 
signed by the lesser of fifteen hundred (1500) or twenty percent (20%) of the 
qualified electors of said school district, requesting an election on the propo- 
sition of levying such additional taxes for school purposes is filed with the clerk 
of the board of supervisors or the clerk of the municipality, as the case may be, 
such levy shall not be made until an election shall be held to determine 
whether or not three-fifths ( 3 /s) of qualified electors of said school district shall 
favor the additional levy for school purposes. If three-fifths ( 3 /s) of the qualified 
electors of said school district voting in such election approves the levying of 
the additional taxes, then the levy shall be made within the manner, form and 

243 



§ 37-7-411 Education 

time as required by law. If no such petition is filed with the clerk as herein 
provided, then said levy shall be made by the levying authority in the manner, 
form and time as required by law. If any election is held under the provisions 
of this section, said election shall be under the supervision of the county or 
municipal election commission, as the case may be, in the manner, form and 
time as required by law for conducting general elections in this state. 

SOURCES: Codes, 1942, § 6328-74; Laws, 1956, ch. 266, § 4; Laws, 1960, ch. 301, 
§ 3; Laws, 1968, ch. 386; Laws, 1986, ch. 492, § 25, eff from and after July 1, 
1987. 

Joint Legislative Committee Note — Pursuant to Section 1-1-109, the Joint 
Legislative Committee on Compilation, Revision and Publication of Legislation cor- 
rected a typographical error in subsection (3). The word "muncipality" was changed to 
"municipality". The Joint Committee ratified the correction at its December 3, 1996 
meeting, and the section has been reprinted in the supplement to reflect the corrected 
language. 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt 
certain transfers of property from the requirements of this article, see § 37-7-355. 

Regional vocational education centers, see §§ 37-31-71 et seq. 

State aid for construction of school facilities, see §§ 37-47-1 et seq. 

§ 37-7-411. Agreement as to control over joint school opera- 
tion or building; applicable laws. 

Subject to the prior consent and approval of the State Board of Education, 
the school boards of all school districts involved shall be authorized to agree as 
to which of the school boards shall have the power to operate, manage, govern 
and control any joint school or school building, constructed, erected and 
equipped or which is to be operated jointly under the provisions of Section 
37-7-403, or, in the alternative, such boards may agree that all of such boards, 
acting jointly, or a joint board established and constituted in such manner as 
shall be agreed upon, shall have the power to operate, manage, govern and 
control any such school or school building. The board so agreed upon and 
constituted shall have the full power and authority to govern, supervise, 
manage and control such joint school building in the same manner and to the 
same extent as though said school was a regular school of such school district. 
All pertinent provisions of the school laws of this state shall be fully applicable 
to joint schools established, constructed, erected and equipped or which are to 
be jointly operated under the provisions of Section 37-7-403, except that the 
eligible children of all school districts joining and cooperating in the establish- 
ment and/or operation of such joint school who are assigned to such school by 
the school board of the district in which they reside shall be eligible to and shall 
attend such school. 

SOURCES: Codes, 1942, § 6328-75; Laws, 1956, ch. 266, § 5; Laws, 1960, ch. 301, 
§ 4; Laws, 1986, ch. 492, § 26, eff from and after July 1, 1987. 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 
244 



School Districts; Trustees § 37-7-415 

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt 
certain transfers of property from the requirements of this article, see § 37-7-355. 
Regional vocational education centers, see §§ 37-31-71 et seq. 

ATTORNEY GENERAL OPINIONS 

Neither Section 37-13-92 nor Sections school districts have no such power and 

37-7-411 and 37-7-413 allows creation of bring no such power to interlocal agree- 

separate legal entities or school districts ment; no school district participant has 

when authority was granted to establish authority to relieve itself of responsibility 

alternative school programs or jointly op- for operation of alternative school pro- 

erate school; only Legislature can create gram through interlocal agreement. Yoder 

autonomous school district as legal entity; Oct. 6, 1993, A.G. Op. #93-0685. 

§ 37-7-413. Powers included within power to construct, erect, 
and equip school buildings. 

The power granted to any school district to construct, erect and equip 
school buildings under any of the provisions of Sections 37-7-401 through 
37-7-411 shall include also the power to acquire by purchase, donation or 
otherwise existing buildings, and the power to enlarge, make additions to, 
renovate and remodel existing buildings. School districts may issue bonds or 
other evidence of debt in the manner and subject to the limitations otherwise 
provided by law for constructing, erecting, equipping, acquiring, enlarging, 
making additions to, renovating and remodeling school buildings under the 
provisions of said sections. 

SOURCES: Codes, 1942, § 6328-76; Laws, 1956, ch. 266, § 6. 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 that exempt certain transfers of property from the requirements of this article, see 
§ 37-7-355. 

State aid for construction of school facilities, see §§ 37-47-1 et seq. 

Roads, driveways and parking areas on school district property, and expenditure of 
funds for their construction and upkeep, see § 65-7-74. 

ATTORNEY GENERAL OPINIONS 

Neither Section 37-13-92 nor Sections bring no such power to interlocal agree- 
37-7-411 and 37-7-413 allows creation of ment; no school district participant has 
separate legal entities or school districts authority to relieve itself of responsibility 
when authority was granted to establish for operation of alternative school pro- 
alternative school programs or jointly op- gram through interlocal agreement. Yoder 
erate school; only Legislature can create Oct. 6, 1993, A.G. Op. #93-0685. 1993, 
autonomous school district as legal entity; A.G. Op. #93-0709. 
school districts have no such power and 

§ 37-7-415. Effect of extension of municipal corporate limits. 

Notwithstanding the provisions of Section 37-7-611, or the provisions of 
any other applicable statute, the extension of the corporate limits of a 
municipality so as to include a school building constructed or operated under 

245 



§ 37-7-417 Education 

the provisions of Sections 37-7-403 through 37-7-411, which was theretofore 
outside of said corporate limits, shall not affect the ownership of the school 
building or buildings involved or the land on which it is located or any school 
facilities connected therewith. All such buildings and other property shall, 
notwithstanding the extension of said corporate limits, remain the property of 
the school district or districts theretofore owning same, and the provisions of 
said Section 37-7-611, shall be wholly inapplicable except that the territory 
which is included within the corporate limits of the municipality as a result of 
the extension of such limits, other than the said school building or buildings, 
the land on which it or they are located, or any school facilities connected 
therewith referred to above, shall become a part of the municipal separate 
school district, if there be such a municipal separate school district, and the 
territory not so included within the corporate limits of the municipality shall 
remain within the school district of which it was a part at the time of such 
extension of the corporate limits. If the land on which such school building and 
other school facilities are situated is sixteenth section land, the ownership of 
said buildings and other property shall likewise not be affected by the 
extension of the corporate limits of the municipality except as is herein 
expressly provided. 

SOURCES: Codes, 1942, § 6328-76.5; Laws, 1960, ch. 301, § 5. 

Editor's Note — Section 37-7-611, which is referred to in this section, was repealed 
by Laws, 1986, ch. 492, § 47, eff from and after July 1, 1987. 

Cross References — Extension or contraction of municipal corporate boundaries, 
see §§ 21-1-27 through 21-1-41. 

Abolition, reorganization or alteration of school district by school board, see §§ 37- 
7-103 through 37-7-115. 

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt 
certain transfers of property from the requirements of this article, see § 37-7-355. 

JUDICIAL DECISIONS 

1. In general. the extension of city boundaries. Butler v. 

The legislature has recognized that mu- City of Gulfport, 253 Miss. 738, 179 So. 2d 
nicipal school districts may be affected by 3 (1965). 

§ 37-7-417. Authorization for agreements between school dis- 
tricts to establish regional high schools; establishment and 
powers of boards of trustees. 

The various school districts of this state are authorized to enter into 
agreements between such school districts providing for the construction or 
operation of regional high school centers. Any such agreement shall be subject 
to the approval of the State Board of Education. Any such agreement may, 
among other provisions, provide for the method of financing the construction 
and operation of such facilities, the manner in which such facilities are to be 
controlled, operated and staffed, and the basis upon which students are to be 
admitted thereto and transportation provided for students in attendance 

246 



School Districts; Trustees § 37-7-419 

therein. Any such agreement or any subsequent modification thereof shall be 
spread at large upon the minutes of each party thereto after having been duly 
adopted by the school board of each school district. 

Such agreements may provide for the establishment of boards of trustees 
of such high school centers to be made up of representatives of the school 
boards of the school districts which may be parties thereto. Said school boards 
of the school districts to such agreement may delegate any and all powers of 
said trustees as may be necessary or desirable for the operation of any such 
regional high schools to the board of trustees of any such center so created, 
except for the power to request or require the levy of taxes or the power to issue 
or require the issuance of any bonds, notes or other evidences of indebtedness, 
or to call for an election on the question of the issuance thereof. 

SOURCES: Laws, 1993, ch. 369, § 1, eff from and after July 1, 1993. 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 
Provisions of the Emergency School Leasing Authority Act of 1986 that exempt 
certain transfers of property from the requirements of this article, see § 37-7-355. 
State aid for construction of school facilities, see §§ 37-47-1 et seq. 
School bonds and obligations generally, see §§ 37-59-1 et seq. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 39 CJS. 78 C.J.S., Schools and School Dis- 
et seq. tricts § 67. 

§ 37-7-419. Authorization for appropriation and expenditure 
of funds for regional high schools; disbursements; evidences 
of indebtedness; fiscal agent, contracting party. 

The various school districts which may become parties to any such 
agreement are authorized to appropriate and expend for the purposes thereof 
any and all funds which may be required to carry out the terms of any such 
agreement from any funds available to any such party to such an agreement 
not otherwise appropriated without limitation as to the source of such funds, 
including minimum foundation program funds, sixteenth section funds, funds 
received from the federal government or other sources by way of grant, 
donation or otherwise, and funds which may be available to any such party 
through the State Department of Education or any other agency of the state, 
regardless of the party to such agreement designated thereby to be primarily 
responsible for the construction or operation of any such regional high school 
center and regardless of the limitation on the expenditure of any such funds 
imposed by any other statute. However, no such funds whose use was 
originally limited to the construction of capital improvements shall be utilized 
for the purpose of defraying the administrative or operating costs of any such 
center. Any one or more of the parties to such an agreement may be designated 
as the fiscal agent or contracting party in carrying out any of the purposes of 
such agreement, and any and all funds authorized to be spent therefor by any 

247 



§ 37-7-431 Education 

of the said parties may be paid over to the fiscal agent or contracting party for 
disbursement by such fiscal agent or contracting party. Such disbursements 
shall be made and contracted for under the laws and regulations applicable to 
such fiscal or disbursing agent. All of the school district parties to any such 
agreement may issue bonds, negotiable notes or other evidences of indebted- 
ness for the purpose of providing funds for the acquisition of land and for the 
construction of buildings and permanent improvements under the terms of any 
such agreement under any existing laws authorizing the issuance or sale 
thereof to provide funds for any capital improvement. 

SOURCES: Laws, 1993, ch. 369, § 2, eff from and after July 1, 1993. 

Cross References — State Department of Education generally, see §§ 37-3-1 et seq. 
Provisions of the Emergency School Leasing Authority Act of 1986 that exempt 
certain transfers of property from the requirements of this article, see § 37-7-355. 
State aid for construction of school facilities, see §§ 37-47-1 et seq. 
School bonds and obligations, generally, see §§ 37-59-1 et seq. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 99 CJS. 78 C.J.S., Schools and School Dis- 
et seq. tricts § 67. 

EXCHANGE OF SCHOOL PROPERTY 

Sec. . 

37-7-431. Authorization of acquisition and disposition of school property by 

exchanges; exchanges subject to approval of chancery court; hearing. 
37-7-433. Execution of conveyance of school property by president and secretary of 

board. 
37-7-435. Conveyance of exchanged lands to school board members. 

37-7-437. Relationship of provisions with other laws. 

§ 37-7-431. Authorization of acquisition and disposition of 
school property by exchanges; exchanges subject to ap- 
proval of chancery court; hearing. 

Whenever the school board of any school district shall find and determine, 
by resolution duly and lawfully adopted and spread upon its minutes, (a) that 
it shall need other lands located within the school district for school purposes, 
(b) that the district owns lands of equal value to such needed lands which could 
be exchanged for such needed lands, (c) that the value of the two (2) tracts is 
equal according to qualified appraisals, and (d) that the owners of the other 
lands are agreeable to such exchange, the school board of such school district 
shall be authorized and empowered, in its discretion, to negotiate a trade of 
lands upon such terms and conditions as the school board may, in its discretion, 
deem proper in consideration of the needs of the district and of the benefits 
which will inure to the said school district. 

Any such trade of lands shall be subject to approval by the chancery court 
of the county in which the school lands lie. Notice of the hearing before the 

248 



School Districts; Trustees § 37-7-435 

chancery court shall be published in a newspaper of general circulation in the 
school district for three (3) consecutive weeks, the first notice to be at least 
thirty (30) days prior to the hearing. 

SOURCES: Codes, 1942, § 6328-121; Laws, 1966, Ex Sess, ch. 30, § 1; Laws, 1977, 
ch. 359; Laws, 1986, ch. 492, § 27; Laws, 1989, ch. 550, § 1; Laws, 2000, ch. 
370, § 3, eff from and after July 1, 2000. 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 which exempt certain transfers of property from the requirements of this article, 
see § 37-7-355. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools § 80. CJS. 78 C.J.S., Schools and School Dis- 

16A Am. Jur. Legal Forms 2d (Rev), trict §§ 356 et seq. 
Schools §§ 229.111 et seq. (acquisition 
and disposition of school property). 

§ 37-7-433. Execution of conveyance of school property by 
president and secretary of board. 

Upon being authorized by a resolution of the school board as is provided by 
Section 37-7-431, the president and secretary shall be authorized and empow- 
ered to execute, for and on behalf of the school district, a conveyance of the 
school property for the purposes, upon the terms and conditions provided and 
specified by the school board, and for the consideration of the execution of a 
deed to the lands exchanged. It shall not be necessary or requisite that 
competitive bids be advertised for or received in connection with such exchange 
of property. 

SOURCES: Codes, 1942, § 6328-122; Laws, 1966, Ex Sess, ch. 30, § 2; Laws, 1986, 
ch. 492, § 28; Laws, 1989, ch. 550, § 2; Laws, 2000, ch. 370, § 1, eff from and 
after July 1, 2000. 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 which exempt certain transfers of property from the requirements of this article, 
see § 37-7-355. 

§ 37-7-435. Conveyance of exchanged lands to school board 

members. 

The lands shall be conveyed by warranty deed to the school board 
members or their successors in office of the school district. Said lands shall be 
conveyed by fee simple absolute. 

SOURCES: Codes, 1942, § 6328-123; Laws, 1966, Ex Sess, ch. 30, § 3; Laws, 1986, 
ch. 492, § 29; Laws, 1989, ch. 550, § 3; Laws, 2000, ch. 370, § 2, eff from and 
after July 1, 2000. 

249 



§ 37-7-437 Education 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 which exempt certain transfers of property from the requirements of this article, 
see § 37-7-355. 

§ 37-7-437. Relationship of provisions with other laws. 

It is the intent of the legislature that Sections 37-7-431 through 37-7-435 
shall authorize a new and different method of disposing of school lands in 
exchange for lands of equal value and shall not be construed to be in conflict 
with Sections 37-7-451 through 37-7-457, Sections 37-7-471 through 37-7-483, 
or Sections 37-7-501 through 37-7-511, which deal with sales of school property 
no longer needed for school purposes. 

SOURCES: Codes, 1942, § 6328-124; Laws, 1966, Ex Sess, ch. 30, § 4, eff from 
and after passage (approved December 30, 1966). 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 which exempt certain transfers of property from the requirements of this article, 
see § 37-7-355. 

DISPOSITION OF PROPERTY NOT NEEDED FOR SCHOOL PURPOSES 



Sec. 

37-7-451. Authorization of sale of property not used for school purposes. 

37-7-453. Repealed. 

37-7-455. Advertising of sale; conduct of sale; execution of conveyance; reservation 

of certain interests; disposal of personal property. 
37-7-457. All sales to be for cash; disposition of proceeds of sale. 

§ 37-7-451. Authorization of sale of property not used for 
school purposes. 

When any school district shall own any land, buildings or other property 
that is not used for school or related school purposes and not needed in the 
operation of the schools of the district, the school board of such school district 
may sell and convey such land, buildings or other property in the manner 
provided in Sections 37-7-453 through 37-7-457. 

SOURCES: Codes, 1942, § 6328-41; Laws, 1953, Ex Sess, ch. 28, § 1; Laws, 1960, 
ch. 305; Laws, 1986, ch. 492, § 30, eff from and after July 1, 1987. 

Editor's Note — Section 37-7-453 referred to in this section was repealed by Laws, 
1993, ch. 607, § 1, eff from and after A^ril 15, 1994. 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 which exempt certain transfers of property from the requirements of this article, 
see § 37-7-355. 

Provisions authorizing sales of property belonging to agricultural high school which 
is not used for school purposes, see § 37-27-43. 

Provisions authorizing sales of property belonging to junior college which is not used 
for school purposes, see § 37-29-75. 

250 



School Districts; Trustees § 37-7-455 

Execution of quitclaim deeds and disclaimers of title by school district boards of 
trustees where questions of title have arisen with reference to sale procedure or the 
like, see § 89-1-25. 

JUDICIAL DECISIONS 

1. In general. with another, of school house property, are 

Deeds executed by the trustees of a ineffective. Mclnnis v. Board of Educ, 242 
school district which has been merged Miss. 412, 135 So. 2d 180 (1961). 

ATTORNEY GENERAL OPINIONS 

To deed property donated for use as, but however, such a sale requires a finding 

no longer used as, school back to widows of that the real property is not used for 

donors with no consideration would con- school or related purposes and is not 

flict with Section 66 of Mississippi Consti- needed in the operation of the schools of 

tution regarding granting of donation or the district. Sanders, Feb. 11, 2000, A.G. 

gratuity; school district must advertise Op. #2000-0050. 

property for sale upon competitive bids. A school district could make a direct 

Young, Nov. 4, 1992, A.G. Op. #92-0822. sale of property to the General Services 

Sections 37-7-451 et seq. and 37-7-471 Administration for use as a United States 

et seq. set forth the methods by which a District Courthouse pursuant to Section 

school district may dispose of property 3-5-1, and was not required to follow the 

which is not needed for school purposes, procedures and provisions of Sections 37- 

The Department of Archives and History 7-451 et seq. and 37-7-471 et seq. so long 

may acquire the property upon making a as fair market value was obtained for the 

determination that it is significant for property. Dukes, March 31, 2000, A.G. Op. 

historical, architectural, archaeological or #2000-0171. 

cultural reasons pursuant to Section 39-5- A school board may not sell property 

5(d). Hilliard, April 27, 1995, A.G. Op. without a reverter clause, unless the sale 

#95-0012. is done according to the bidding process 

There exists ample authority for a set forth in §§ 37-7-451 through 37-7-457. 

school district to convey real property; Jones, Apr. 29, 2004, A.G. Op. 04-0164. 

RESEARCH REFERENCES 

CJS. 78 C.J.S., Schools and School Dis- 
tricts §§ 360, 361, 376, 377, 391. 

§ 37-7-453. Repealed. 

Repealed by Laws, 1993, ch. 607, § 1, eff from and after April 15, 1994. 
[Codes, 1942, § 6328-42; Laws, 1953, Ex Sess, ch. 28, § 2; 1986, ch. 492, 
§ 31; 1993, ch. 607, § 1] 

Editor's Note — Former § 37-7-453 provided for procedures for sale of property. 

§ 37-7-455. Advertising of sale; conduct of sale; execution of 
conveyance; reservation of certain interests; disposal of 
personal property. 

(1) Except as otherwise provided in subsection (2) of this section, all such 
land, buildings or other property shall be sold only after the receipt of sealed 

251 



§ 37-7-455 Education 

bids therefor after the time and place of making such sale has been duly 
advertised in some newspaper having a general circulation in the county in 
which the property is located once each week for three (3) consecutive weeks 
with the first publication to be made not less than fifteen (15) days prior to the 
date upon which such bids are to be received and opened. The property shall be 
sold to the highest and best bidder for cash, but the school board shall have the 
right to reject any and all bids. If the property is not sold pursuant to such 
advertisement, the school board, by resolution, may set a date for an open 
meeting of the school board to be held within sixty (60) days after the date upon 
which the bids were opened. At the meeting held pursuant to such resolution, 
the school board may sell by auction the property for a consideration not less 
than the highest sealed bid previously received pursuant to the advertisement. 
At the meeting, any interested party may bid for cash, and the property shall 
be sold to the highest and best bidder for cash, but the school board shall have 
the right to reject any and all bids. The school board may require a written 
confirmation of bids received at such called meeting before selling the property 
at auction, but it shall not be necessary that sealed bids be received before 
conducting the auction. 

(2) As an alternative to the procedures established under subsection (1) of 
this section, the school board of a school district may elect, in its discretion, to 
sell by public auction any property, other than real property or buildings of the 
school district, which is not used for school or related school purposes and not 
needed in the operation of the schools. Before such auction, the school board 
shall adopt a resolution calling for the auction and shall advertise the auction 
in some newspaper having a general circulation in the county in which the 
property is located once each week for two (2) consecutive weeks, with the first 
publication to be made not less than fifteen (15) days before the date upon 
which the auction shall be held. The advertisement shall include a general 
description of the property to be sold at the auction and the date, time and 
place that such auction shall be held. At the auction, any interested party may 
bid for cash. The property shall be sold to the highest and best bidder; however, 
the school board may reject any and all bids. When selling property under this 
subsection, a school board is not required to advertise for or receive competitive 
bids in connection with the sale of the property. Any items not sold at such 
auctions or any other property, other than real property or buildings of the 
district, not classified as fixed assets for school purposes pursuant to regula- 
tions of the State Department of Audit, which no longer have useful value to 
the school district, in the discretion of the school board or its designated 
representative, may be destroyed or disposed of in any manner whatsoever, 
provided that no school official or employee derives any personal economic 
benefit from such disposal. 

(3) When the sale of such property is authorized and approved by the 
school board, the president of the school board shall be authorized and 
empowered to execute a conveyance of the property upon the terms and for the 
consideration fixed by the board. The school board shall reserve unto the 
district at least an undivided one-half (Vfe) nonparticipating royalty interest in 

252 



School Districts; Trustees § 37-7-457 

all oil, gas and minerals in, on or under the land, and all proceeds derived from 
royalties upon the reserved mineral interests shall be used as provided by 
Section 37-7-457; if the mineral interests of the district are less than the full 
and undivided ownership, the undivided royalty interest reserved by the 
district shall be reduced proportionately 

SOURCES: Codes, 1942, § 6328-43; Laws, 1953, Ex Sess, ch. 28, § 3; Laws, 1986, 
ch. 492, § 32; Laws, 2000, ch. 481, § 2; Laws, 2000, ch. 593, § 10, eff from and 
after passage (approved May 20, 2000.) 

Joint Legislative Committee Note — Section 2 of ch. 481, Laws of 2000, effective 
from and after its passage (approved April 25, 2000), amended this section. Section 10 
of ch. 593, Laws of 2000, effective from and after its passage (approved May 20, 2000), 
also amended this section. As set out above, this section reflects the language of Section 
10 of ch. 593, Laws of 2000, pursuant to Section 1-3-79 which provides that whenever 
the same section of law is amended by different bills during the same legislative 
session, and the effective dates of the amendments are the same, the amendment with 
the latest approval date shall supersede all other amendments to the same section 
approved on an earlier date. 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 which exempt certain transfers of property from the requirements of this article, 
see § 37-7-355. 

JUDICIAL DECISIONS 

1. In general. apply to property to which the school 

Miss. Code Ann. ch. II, tit. 37, and Miss, district actually holds title; school dis- 

Code Ann. §§ 37-7-471 through 37-7-483, tricts do not hold title to sixteenth section 

do not apply to sixteenth section lands, lands and title resides in the State. Clark 

The only reasonable interpretation of the v. Stephen D. Lee Found., 887 So. 2d 798 

statutes under said chapter is that they (Miss. 2004). 

ATTORNEY GENERAL OPINIONS 

An appraisal is but an opinion and not Provided the mandates of §§ 37-7-451 
necessarily conclusive. Therefore if, in its et seq. are met and a city is the successful 
discretion, the school board, considering bidder on an elementary school, the school 
all relevant factors, finds on its minutes district and the city can enter an appro- 
consistent with fact that a bid received priate interlocal agreement for the sale of 
following advertisement or a bid received the property and lease-back by the school 
at auction under Section 37-7-455 repre- district upon a finding spread across their 
sents fair market value, then the board respective minutes. Adams, July 18, 2002, 
may make such an award. Van Slyke, a G Op #02-0368 
April 7, 1995, A.G. Op. #95-0186. 

§ 37-7-457. All sales to be for cash; disposition of proceeds of 
sale. 

All conveyances of property under the authority of Section 37-7-455 shall 
be for a cash consideration. The proceeds of such sale shall be placed in the 
maintenance fund of the school district. However, if any sale embraces realty, 
and the school district selling same owes outstanding bonds or notes, then in 

253 



§ 37-7-457 Education 

that event the proceeds of such sale shall be placed to the credit of the bond and 
interest sinking fund of such school district, or used to construct, renovate or 
purchase, under provisions elsewhere provided by law, similar type property or 
property of comparable value at attendance centers to be used for the same or 
other reasonably necessary purposes. 

SOURCES: Codes, 1942, § 6328-44; Laws, 1953, Ex Sess, ch. 28, § 4; Laws, 1964, 
ch. 392; Laws, 1973, ch. 311, § 1, eff from and after passage (approved 
March 2, 1973). 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 which exempt certain transfers of property from the requirements of this article, 
see § 37-7-355. 

ATTORNEY GENERAL OPINIONS 

A school district that sells surplus real Proceeds of the sale of surplus property 

property and has outstanding bonds and that are to be used for construction, reno- 

notes may use the proceeds of the sale of vation, or purchase of property need not 

surplus real property for erecting, reno- be be placed in any specialized fund or 

vating, and equipping schools and related account. Wallace, Dec. 3, 1999, A.G. Op. 

facilities and for the purchase of land #99-0640. 

therefor. Wallace, Dec. 3, 1999, A.G. Op. A school district may use the proceeds 

#99-0640. from the sale of a land site, determined by 

Proceeds of the sale of surplus real the school board to be surplus land, to the 

property may not be used for personnel credit of a bond and interest sinking fund 

expenses. Wallace, Dec. 3, 1999, A.G. Op. or for school construction. Stewaart, Oct. 

#99-0640. 31, 2003, A.G. Op. 03-0460. 

DISPOSITION OF PROPERTY NOT NEEDED FOR SCHOOL PURPOSES; 

ADDITIONAL METHOD 

Sec. 

37-7-471. Authorization of sale, lease, etc., of property not used for school 

purposes; terms, conditions and consideration of sale. 

37-7-473. Persons to whom property may be disposed; authorized uses. 

37-7-475. Execution of conveyance or lease by president and secretary of board. 

37-7-477. Reverter provisions in instrument disposing of property where board 

retains no interest. 

37-7-479. Conditions under which disposed of property may later be sold; dispo- 

sition of proceeds of sale. 

37-7-481. School boards empowered to exercise authority conferred. 

37-7-483. Declaration of legislative intent; relationship of provisions with other 

laws. 

37-7-485. School Property Development Act; optional method of disposal of sur- 

plus school property to generate greater revenue than public sale; school 
boards authorized to sell, convey or exchange nonoperational property 
interest in proposed development projects; school boards authorized to 
contract with other entities for development, design, construction, 
financing, ownership and operation of surplus school property; school 
boards authorized to pledge revenues received under Sections 37-7-471 
through 37-7-483 for repayment of notes and other obligations; sound 
business practices to be used; public record of final and signed contract; 

254 



School Districts; Trustees § 37-7-471 

restrictions on persons related by consanguinity or affinity to members 
of school board or superintendent from having interests in project; 
conditions on exercise of option to enter into development agreement; 
certification regarding statements of economic interest; property devel- 
oped to be deemed for school or educational purposes. 
37-7-487. Estimation and pledge of revenues by school districts; "revenues" 

defined; authorization to enter into development agreements. 

§ 37-7-471. Authorization of sale, lease, etc., of property not 
used for school purposes; terms, conditions and consider- 
ation of sale. 

Whenever the school board of any school district shall find and determine, 
by resolution duly and lawfully adopted and spread upon its minutes: 

(a) That any school building, land, property or other school facility is no 
longer needed for school or related purposes and is not to be used in the 
operation of the schools of the district, or that such school building, land, 
property or other school facility may yield a higher long-term economic value 
to the district, in the discretion of the local school board; 

(b) That the sale of the property in the manner otherwise provided by 
law is not necessary or desirable for the financial welfare of the school 
district; and 

(c) That the use of the school building, land, property or other school 
facility for the purpose for which it is to be sold, conveyed or leased will 
promote and foster the development and improvement of the community in 
which it is located and the civic, social, educational, cultural, moral, 
economic or industrial welfare thereof, the school board of such school 
district shall be authorized and empowered, in its discretion, and upon the 
terms and conditions set forth in Section 37-7-477, to sell, convey, lease or 
otherwise dispose of same for any of the purposes set forth herein. Such sale, 
conveyance, lease or other disposition, including retention of partial interest, 
or undivided interest or other ownership interest, shall be made upon such 
terms and conditions and for such consideration, nominal or otherwise, as 
the school board may, in its discretion, deem proper in consideration of the 
benefits which will inure to the school district or the community in which the 
school building, property or other facility is located by the use thereof for the 
purpose for which it is to be sold, conveyed, leased or otherwise disposed of. 
The authority conferred by Sections 37-7-471 through 37-7-483 may be 
exercised by a school board in the sale, conveyance or lease of relocatable 
classrooms to the school board of another school district. Said sections 
without reference to another statute shall be deemed full and complete 
power for the exercise of the authority conferred hereby. 

SOURCES: Codes, 1942, § 6328-103; Laws, 1958, ch. 596, § 3; Laws, 1986, ch. 492, 
§ 33; Laws, 1990, ch. 535, § 5; Laws, 2005, ch. 540, § 3, eff from and after 
passage (approved Apr. 20, 2005.) 

Amendment Notes — The 2005 amendment added "or that such school building, 
land, property or other school facility may yield a higher long-term economic value to 

255 



§ 37-7-471 



Education 



the district, in the discretion of the local school board" at the end of (a); inserted 
"including retention of partial interest or undivided interest or other ownership 
interest" in the second sentence of (c); and made stylistic changes throughout the 
section. 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 which exempt certain transfers of property from the requirements of this article, 
see § 37-7-355. 

JUDICIAL DECISIONS 



1. In general. 

2. Power of trustees of merged district. 

1. In general. 

Miss. Code Ann. §§ 37-7-471 through 
37-7-483, do not apply to sixteenth section 
lands. The only reasonable interpretation 
of the statutes under said chapter is that 
they apply to property to which the school 
district actually holds title; school dis- 
tricts do not hold title to sixteenth section 
lands and title resides in the State. Clark 
v. Stephen D. Lee Found., 887 So. 2d 798 
(Miss. 2004). 

School board simply had no authority to 
lease sixteenth section land to the founda- 
tion for $ 1.00 per year because the nom- 
inal rental was insufficient and amounted 
to an unconstitutional donation; the board 
was directed to come to a mutually bene- 
ficial resolution and create a lease with 
the foundation comporting with constitu- 
tional and statutory guidelines on fair 



terms given the non-profit, civic objec- 
tives, and means of the foundation. Clark 
v. Stephen D. Lee Found., — So. 2d — , 
2003 Miss. LEXIS 148 (Miss. Apr. 3, 
2003). 

In view of the statutory authorization of 
the use of school buildings for civic and 
community purposes, the title to land ac- 
quired for a school building does not re- 
vert to the grantor upon the discontinu- 
ance of school uses, where the building is 
used as a community center and voting 
place. McGee v. Chickasaw County Sch. 
Bd., 239 Miss. 5, 120 So. 2d 778 (1960). 

2. Power of trustees of merged dis- 
trict. 

Deeds executed by the trustees of a 
school district which has been merged 
with another, of school house property, are 
ineffective. Mclnnis v. Board of Educ, 242 
Miss. 412, 135 So. 2d 180 (1961). 



ATTORNEY GENERAL OPINIONS 



County Board of Education may sell, 
lease, convey or otherwise dispose of 
school building in question for such con- 
sideration, nominal or otherwise, and 
such terms and conditions as would confer 
benefits to either school district or com- 
munity, if school board first finds that 
requirements set forth in Section 37-7-471 
have been met. Young, July 22, 1992, A.G. 
Op. #92-0535. 

Sections 37-7-451 et seq. and 37-7-471 
et seq. set forth the methods by which a 
school district may dispose of property 
which is not needed for school purposes. 
The Department of Archives and History 
may acquire the property upon making a 
determination that it is significant for 
historical, architectural, archaeological or 



cultural reasons pursuant to Section 39-5- 
5(d). Hilliard, April 27, 1995, A.G. Op. 
#95-0012. 

The proposed sale of school property to 
a public hospital for health care related 
uses falls within the permitted uses out- 
lined in Sections 37-7-471 and 37-7-473. 
Galloway, October 18, 1995, A.G. Op. #95- 
0673. 

Section 37-7-471 et seq. are not de- 
signed for and cannot effectively convey 
unencumbered title to homes for private 
individuals. Golden, October 25, 1996, 
A.G. Op. #96-0670. 

A county board of supervisors does not 
have the power to lease real property from 
a school district for the purpose of subse- 
quently subleasing the property to citi- 



256 



School Districts; Trustees 



§ 37-7-473 



zens of the county to be used as a commu- 
nity recreational facility. Lamar, July 18, 
1997, A.G. Op. #97-0429. 

Quitman County School District may 
convey, without a bidding process, prop- 
erty to the county which will in turn 
convey the property to an economic devel- 
opment district which will lease the prop- 
erty to a private assisted living facility 
because the conveyance will promote the 
general welfare goals of the statute. 
Scripper, March 20, 1998, A.G. Op. #98- 
0129. 

If property is subject to a present lease 
with the term expiring in the future, the 
school district may acquire the property 
subject to the lease. Bryant, January 15, 
1999, A.G. Op. #98-0725. 

A school district could make a direct 
sale of property to the General Services 
Administration for use as a United States 
District Courthouse pursuant to Section 
3-5-1, and was not required to follow the 
procedures and provisions of Sections 37- 
7-451 et seq. and 37-7-471 et seq. so long 
as fair market value was obtained for the 
property. Dukes, March 31, 2000, A.G. Op. 
#2000-0171. 

There exists ample authority for a 
school district to convey real property; 
however, such a sale requires a finding 
that the real property is not used for 
school or related purposes and is not 
needed in the operation of the schools of 
the district. Sanders, Feb. 11, 2000, A.G. 
Op. #2000-0050. 



A school board does not have authority 
to release its reversionary interest to 
property to a non-profit entity in order to 
allow the conveyance of the property to a 
church, even if any funds from that con- 
veyance would be used for the support of a 
volunteer fire protection district. 
Carnathan, Oct. 25, 2001, A.G. Op. #01- 
0649. 

County Board of Education has author- 
ity to convey property to a town by what- 
ever terms are deemed appropriate by the 
Board, providing the Board makes the 
proper factual findings as described in 
Section 37-7-471, and records those find- 
ings in the minutes. Phillips, Jan. 3, 2003, 
A.G. Op. #02-0757. 

This section and § 37-7-477 are ade- 
quate authority for a county board of 
education to convey property to a rural 
water association in exchange for consid- 
eration of a fire hydrant, water meter and 
necessary hookup supplies, providing the 
board makes the proper factual findings 
as described in this section and records 
those findings in the minutes. Maples, 
Mar. 28, 2003, A.G. Op. #03-0146. 

A school board has the authority to sell 
property for any amount it deems proper. 
Consequently, it may apportion the value 
of the property in order to come up with 
the amount it desires for the sale of the 
property. Jones, Apr. 29, 2004, A.G. Op. 
04-0164. 



RESEARCH REFERENCES 



Am Jur. 68 Am. Jur. 2d, Schools §§ 92 
et seq. 



CJS. 78 C.J.S., Schools and School Dis- 
tricts §§ 360, 361, 376. 



§ 37-7-473. Persons to whom property may be disposed; au- 
thorized uses. 

School buildings, land, property and related facilities may be sold, con- 
veyed, leased or otherwise disposed of under Sections 37-7-471 through 
37-7-483, to any group of persons, to any association, club or corporation, or to 
any county, municipality or other political subdivision, to be used as a civic, 
community, recreational or youth center, or to be used by any county or district 
fair association in connection with its activities, or to be used for church 
purposes, or to be used as a library or other public building, or to be used as a 
factory or otherwise in connection with an industrial enterprise, or to be used 
as part of a development activity to stimulate economic development activities 



257 



§ 37-7-473 



Education 



within the district, or to enhance property values within the district, or to be 
used for any similar or related purpose or activity. 

SOURCES: Codes, 1942, § 6328-104; Laws, 1958, ch. 596, § 4; Laws, 2005, ch. 540, 
§ 4, eff from and after passage (approved Apr. 20, 2005.) 

Amendment Notes — The 2005 amendment inserted "or to be used as part of a 
development activity to stimulate economic development activities within the district" 
preceding "or to be used as part of a development activity to stimulate economic 
development activities within the district" near the end of the section. 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 which exempt certain transfers of property from the requirements of this article, 
see § 37-7-355. 

Authority conferred by Sections 37-7-471 through 37-7-483 applicable to sale, etc. of 
relocatable classrooms, see § 37-7-471. 

JUDICIAL DECISIONS 



1. In general. 

2. Power of trustees of merged district. 

1. In general. 

In view of the statutory authorization of 
the use of school buildings for civic and 
community purposes, the title to land ac- 
quired for a school building does not re- 
vert to the grantor upon the discontinu- 
ance of school uses, where the building is 
used as a community center and voting 



place. McGee v. Chickasaw County Sch. 
Bd., 239 Miss. 5, 120 So. 2d 778 (1960). 

2. Power of trustees of merged dis- 
trict. 

Deeds executed by the trustees of a 
school district which has been merged 
with another, of school house property, are 
ineffective. Mclnnis v. Board of Educ, 242 
Miss. 412, 135 So. 2d 180 (1961). 



ATTORNEY GENERAL OPINIONS 



The proposed sale of school property to 
a public hospital for health care related 
uses falls within the permitted uses out- 
lined in Sections 37-7-471 and 37-7-473. 
Galloway, October 18, 1995, A.G. Op. #95- 
0673. 

Quitman County School District may 
convey, without a bidding process, prop- 
erty to the county which will in turn 
convey the property to an economic devel- 
opment district which will lease the prop- 
erty to a private assisted living facility 
because the conveyance will promote the 
general welfare goals of the statute. 



Scripper, March 20, 1998, A.G. Op. #98- 
0129. 

The statute contemplates the convey- 
ance of school property to an association, 
club, or corporation, or to any county, 
municipality, or other political subdivi- 
sion, and such property may be conveyed 
to those entities for use as a civic, commu- 
nity, recreational, or youth center, or for 
church purposes, or for use as a library or 
other public building, or in connection 
with an industrial enterprise. Davis, Jr., 
Mar. 2, 2001, A.G. Op. #01-0091. 



RESEARCH REFERENCES 



Am Jur. 68 Am. Jur. 2d, Schools §§ 92, 
93. 



258 



School Districts; Trustees § 37-7-477 

§ 37-7-475. Execution of conveyance or lease by president 
and secretary of board. 

Upon being authorized by a resolution of the school board as is provided by 
Section 37-7-471, the president and secretary shall be authorized and empow- 
ered to execute, for and on behalf of the school district, a conveyance or lease 
of the property for the purposes, upon the terms and conditions, and for the 
consideration provided and specified by the school board, including retention of 
a partial interest, or undivided interest or other ownership interest in the 
property, in the discretion of the school board. It shall not be necessary or 
requisite that competitive bids be advertised for or received in connection with 
such sale, conveyance, leasing or other disposition of property. 

SOURCES: Codes, 1942, § 6328-106; Laws, 1958, ch. 596, § 6; Laws, 1986, ch. 492, 
§ 34; Laws, 2005, ch. 540, § 5, efT from and after passage (approved Apr. 20, 
2005.) 

Amendment Notes — The 2005 amendment added "including retention of a partial 
interest, or undivided interest or other ownership interest in the property, in the 
discretion of the school board" at the end of the first sentence. 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 which exempt certain transfers of property from the requirements of this article, 
see § 37-7-355. 

Authority conferred by Sections 37-7-471 through 37-7-483 applicable to sale, etc. of 
relocatable classrooms, see § 37-7-471. 

§ 37-7-477. Reverter provisions in instrument disposing of 
property where board retains no interest. 

Unless a school board retains a partial interest, or undivided interest or 
other ownership interest in the school property being conveyed, any instru- 
ment conveying or leasing any school property under the provisions of Sections 
37-7-471 through 37-7-483, shall provide that the title to such property shall 
automatically revert to the school district, if such property shall cease to be 
used for the purpose for which it is conveyed or leased. Said instrument shall 
also contain the condition that the grantee or lessee shall keep and maintain 
said property in a good state of repair and shall keep said property insured in 
a reasonable amount against loss by fire, windstorm and other hazards. Upon 
breach of any of said conditions, the school board shall have the right of reentry 
upon said property as for condition broken and shall have the power and 
authority to bring and maintain such actions as shall be necessary and 
appropriate for such purpose in its own name. However, the provisions of this 
section shall not be mandatory in the event that the school board retains a 
partial interest, or undivided interest or other ownership interest in the school 
property being conveyed. 

SOURCES: Codes, 1942, § 6328-105; Laws, 1958, ch. 596, § 5; Laws, 1966, ch. 413, 
§ 1; Laws, 1986, ch. 492, § 35; Laws, 2005, ch. 540, § 6, eff from and after 
passage (approved Apr. 20, 2005.) 

259 



§ 37-7-479 Education 

Amendment Notes — The 2005 amendment added "Unless a school board retains 
a partial interest, or undivided interest or other ownership interest in the school 
property being conveyed" at the beginning of the section; and added the last sentence. 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 which exempt certain transfers of property from the requirements of this article, 
see § 37-7-355. 

Authority conferred by Sections 37-7-471 through 37-7-483 applicable to sale, etc. of 
relocatable classrooms, see § 37-7-471. 

ATTORNEY GENERAL OPINIONS 

Assuming that there are no other fed- ever terms are deemed appropriate by the 

eral or state impediments to demolition Board, providing the Board makes the 

and replacement which would protect a proper factual findings as described in 

building, then Section 37-7-477 would per- Section 37-7-471, and records those find- 

mit demolition and replacement or im- i ngs m the minutes. Phillips, Jan. 3, 2003, 

provements to the property so long as the A G Op #02-0757 

grantee maintained the newly con- This section and § 37 . 7 . 471 are ade . 

structed buildings in good repair and ad- authority for a county board of 

equately insured same. Galloway, October , ,. . J , *\ , 

18, 1995, A.G. Op. #95-0673. education to convey property to a rural 

Quitman County School District may wat + er association in exchange for consid- 

convey, without a bidding process, prop- eratlon of a fir f hydrant, water meter and 

erty to the county which will in turn necessary hookup supplies, providing the 

convey the property to an economic devel- board makes the P ro P er factual findings 

opment district which will lease the prop- as described in § 37-7-471 and records 

erty to a private assisted living facility those findings m the minutes. Maples, 

because the conveyance will promote the Mar - 28 > 2003 > AG - °P- #03-0146. 

general welfare goals of the statute. If a school board sells property pursu- 

Scripper, March 20, 1998, A.G. Op. #98- ant to the additional method, it does not 

0129. have the authority to release its rever- 

County Board of Education has author- sionary interest to property. Jones, Apr. 

ity to convey property to a town by what- 29, 2004, A.G. Op. 04-0164. 

§ 37-7-479. Conditions under which disposed of property may 
later be sold; disposition of proceeds of sale. 

Any group of persons, any association, club or corporation, or any county, 
municipality or other political subdivision having acquired school buildings, 
land, property or related facilities under the provisions of Sections 37-7-471 
through 37-7-483, may, by resolution duly adopted at a regular or special 
meeting called and convened for such purpose, determine that such school 
buildings, land, property or related facilities, or any portion thereof, are no 
longer needed or used for the purpose for which such was acquired, and may by 
such resolution provide for the sale of such school buildings, land, property or 
related facilities, or any portion thereof. Said resolution shall be forwarded to 
the school board of the school district involved, and if the said board shall adopt 
a resolution determining that such school buildings, land, property or related 
facilities, or such portion thereof as is sought to be sold, is no longer needed or 
used by the school district involved, then such school buildings, land, property 
or related facilities, or any portion thereof, may be sold in accordance with the 
procedure set forth in Section 37-7-455. 

260 



School Districts; Trustees § 37-7-481 

The school board of such district shall by order entered on its minutes, 
provide for the distribution of the proceeds received from the sale of such 
property in such proportions as the said school board may, in its discretion, 
determine reasonable as the interests may appear between the district and the 
group of persons, association, club, corporation, county, municipality or other 
political subdivision having an interest in such property at the time of such 
sale. 

However, the provisions of this section shall not be mandatory if the school 
board retains a partial interest, or undivided interest or other ownership 
interest in the school property being conveyed. 

SOURCES: Codes, 1942, § 6328-105; Laws, 1958, ch. 596, § 5; Laws, 1966, ch. 413, 
§ 1; Laws, 1986, ch. 492, § 36; Laws, 2005, ch. 540, § 7, eff from and after 
passage (approved Apr. 20, 2005.) 

Amendment Notes — The 2005 amendment added the last paragraph. 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 which exempt certain transfers of property from the requirements of this article, 
see § 37-7-355. 

Authority conferred by Sections 37-7-471 through 37-7-483 applicable to sale, etc. of 
relocatable classrooms, see § 37-7-471. 

ATTORNEY GENERAL OPINIONS 

Quitman County School District may erty to a private assisted living facility 

convey, without a bidding process, prop- because the conveyance will promote the 

erty to the county which will in turn general welfare goals of the statute, 

convey the property to an economic devel- Scripper, March 20, 1998, A.G. Op. #98- 

opment district which will lease the prop- 0129. 

§ 37-7-481. School boards empowered to exercise authority 
conferred. 

The authority conferred by Sections 37-7-471 through 37-7-483 may be 
exercised by the existing school board of any school district in which any such 
school building, land, property or other school facility is located or situated. 
Such school board may contract with any other school board, or any other 
governmental entity, to assign and transfer its rights and duties under this 
chapter, under such terms and conditions as the school board may determine, 
in its discretion, to further the public interest. The sections, without reference 
to any other statute, shall be deemed full, complete and exclusive power for the 
exercise of the authority conferred hereby. 

SOURCES: Codes, 1942, § 6328-102; Laws, 1958, ch. 596, § 2; Laws, 1986, ch. 492, 
§ 37; Laws, 2005, ch. 540, § 8, eff from and after passage (approved Apr. 20, 
2005.) 

Amendment Notes — The 2005 amendment inserted the second sentence. 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 which exempt certain transfers of property from the requirements of this article, 
see § 37-7-355. 

261 



§ 37-7-483 Education 

Authority conferred by Sections 37-7-471 through 37-7-483 applicable to sale, etc. of 
relocatable classrooms, see § 37-7-471. 

§ 37-7-483. Declaration of legislative intent; relationship of 
provisions with other laws. 

The Legislature hereby declares that it is its intention and purpose to 
authorize and permit each and every type of disposition of property permitted 
in Sections 37-7-471 through 37-7-481 and by each and every type of transfer 
mentioned, and by every combination possible thereunder. 

Said sections shall be construed to be supplemental to Sections 37-7-451 
through 37-7-457 and Sections 37-7-501 through 37-7-511, and to all other 
statutes dealing with the subject matter thereof, and shall be deemed to 
provide a supplemental, additional and alternate method for the disposition of 
school buildings, land, property and other school facilities which are no longer 
to be used for school purposes and are not needed in the operation of the 
schools of the district or for the conveyance of a partial ownership interest or 
for exchange, sale or conveyance of an undivided interest in school buildings, 
land, property or other school facilities that may yield a long-term economic 
value to the district, in the discretion of the local school board, based on an 
objective cost/benefit analysis as to whether the proposal shall maximize the 
interest of the taxpayers. 

SOURCES: Codes, 1942, §§ 6328-101, 6328-107; Laws, 1958, ch. 596, §§ 1, 7; 
Laws, 2005, ch. 540, § 9, eff from and after passage (approved Apr. 20, 2005.) 

Amendment Notes — The 2005 amendment added "or for the conveyance of a 
partial ownership interest or for exchange, sale or conveyance of an undivided interest 
in school buildings, land, property or other school facilities that may yield a long-term 
economic value to the district, in the discretion of the local school board, based on an 
objective cost/benefit analysis as to whether the proposal shall maximize the interest of 
the taxpayers" at the end of the second paragraph. 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 which exempt certain transfers of property from the requirements of this article, 
see § 37-7-355. 

Authority conferred by Sections 37-7-471 through 37-7-483 applicable to sale, etc. of 
relocatable classrooms, see § 37-7-471. 

§ 37-7-485. School Property Development Act; optional 
method of disposal of surplus school property to generate 
greater revenue than public sale; school boards authorized 
to sell, convey or exchange nonoperational property inter- 
est in proposed development projects; school boards autho- 
rized to contract with other entities for development, de- 
sign, construction, financing, ownership and operation of 
surplus school property; school boards authorized to pledge 
revenues received under Sections 37-7-471 through 37-7-483 



262 



School Districts; Trustees § 37-7-485 

for repayment of notes and other obligations; sound busi- 
ness practices to be used; public record of final and signed 
contract; restrictions on persons related by consanguinity 
or affinity to members of school board or superintendent 
from having interests in project; conditions on exercise of 
option to enter into development agreement; certification 
regarding statements of economic interest; property devel- 
oped to be deemed for school or educational purposes. 

(1) This section shall be referred to as the "School Property Development 
Act of 2005." It is the intent of the Legislature that this section shall provide 
school boards with an alternative optional method of disposal of surplus school 
property that may generate greater returns to the district than a public 
disposal sale, or to promote or stimulate economic development within the 
school district or to promote, stabilize or enhance property and tax values 
within the school district. 

(2) The school board of any school district shall be authorized and 
empowered, in its discretion, to sell, convey or exchange a partial interest, 
undivided interest or any other interest in real property (other than sixteenth 
section public school trust land), in whole or in part, for a nonoperational 
interest in any proposed development of the property, including ownership of 
shares of a domestic corporation or a membership interest in a limited liability 
company or a limited partnership interest, any of which is organized for the 
operation of any project, development or activity that, in the discretion of the 
school board, will have the potential for fostering economic development 
activities, increasing property values, increasing student development or 
enhancing public safety. The school board may contract with any other 
governmental entity, university or community college, corporation, person or 
other legal entity for the development, design, construction, financing, owner- 
ship or operation of any project, development or activity and may issue notes, 
leases, bonds or other written obligations to finance such activities. The school 
board may pledge any revenues or taxes it is to receive from such sale, 
conveyance or exchange, including any shares of a corporation or membership 
interest in a limited liability company or limited partnership interest under 
this subsection or under Sections 37-7-471 through 37-7-483, to secure the 
repayment of any notes, leases (excluding leases of sixteenth section public 
school trust land), bonds or other written obligations of the district issued 
under any provision of state law. Any such pledge of revenues or other monies 
shall be valid and binding from the date the pledge is made; such revenues or 
other monies so pledged and thereafter received by the school district shall 
immediately be subject to the lien of such pledge without any physical delivery 
thereof or further act, and the lien of any such pledge shall be valid and 
binding as against all parties having claims of any kind in tort, contract or 
otherwise against the school district irrespective of whether such parties have 
notice thereof. Neither the resolutions, contracts or any other instrument by 
which a pledge is created need be recorded. Any debt secured in whole or in 

263 



§ 37-7-485 Education 

part by a pledge of such revenues or other monies shall not be subject to or 
included in any debt limitation imposed on the issuance of such debt. This 
subsection (2) shall not be construed to apply to sixteenth section public school 
trust land. 

(3) The school board shall use sound business practices when executing 
exchanges as provided in this section. The school board may utilize the services 
of the Mississippi Development Authority, the local planning and development 
district or the Board of Trustees of State Institutions of Higher Learning when 
executing exchanges as provided in this section. The local school board shall 
require, in any project exceeding Two Hundred Thousand Dollars 
($200,000.00) that the party with whom the school board is contracting shall 
provide the following information, at a minimum: 

(a) A two-year business plan (which shall include pro forma balance 
sheets, income statements and monthly cash flow statements); 

(b) Financial statements and tax returns for the three (3) years imme- 
diately prior to the date the contract is formed; 

(c) Credit reports on all persons or entities with a twenty percent (20%) 
or greater interest in the entity; 

(d) Data supporting the expertise of the entity's principals; 

(e) A cost benefit analysis of the project performed by the Mississippi 
Development Authority, a state institution of higher learning or other entity 
selected by the local school board; and 

(f) Any other information required by the local school board. 

This subsection (3) shall not be construed to apply to sixteenth section 
public school trust land. 

(4) The local school board shall make public record any final and signed 
contract created under this section. 

(5) No person involved in any economic development project entered into 
by a school board under the provisions of this section shall be related by 
consanguinity or affinity within the third degree to any member of the school 
board or the superintendent or any assistant superintendent of the school 
district, nor shall any such person have an interest in any business or have an 
economic relationship with any member of the school board or the superinten- 
dent or any assistant superintendent of the school district. 

(6) No person, or any agent, subsidiary or parent corporation or firm 
owned in whole or in part by the person shall be eligible to bid or otherwise 
participate in the construction, contracting, or subcontracting on any project or 
part thereof for which the person has been hired to perform construction 
program management services. Any contract for public construction that 
violates this provision shall be void and against the public policy of the state. 
For purposes of this subsection, the term "construction program management 
services" means a set of management and technical services rendered by a 
person or firm to a public sector building owner during the predesign, design, 
construction, or post-construction phases of new construction, demolition, 
alteration, repair, or renovation projects. These services include any one or 
more of the following: project planning, budgeting, scheduling, coordination, 

264 



School Districts; Trustees § 37-7-485 

design management, construction administration, or facility occupancy ac- 
tions, but shall not include any component of the actual construction work. The 
term does not include the services performed by the general contractor who is 
engaged to perform the construction work, or services customarily performed 
by licensed architects or registered engineers. 

(7) This section shall be supplemental and additional to any powers 
conferred by other laws on school districts. However, this act shall not grant 
any authority to a school board to issue debt in any amount that is not 
otherwise expressly provided for by law, and shall not grant any authority to 
impose, levy or collect any tax that is not otherwise expressly provided for by 
law. 

(8) If a school board exercises its option to enter into a development 
agreement or other contract under this act or to transfer any property or 
interest therein to a third party for purposes of future development, the 
following conditions shall apply: 

(a) The board shall have the express authority to retain a deed of trust 
or such other security interest in the property in an amount equal at least to 
the value of the property at the time of such transfer, less any consideration 
paid by the developer or other parties; 

(b) The liability of the school board and the school district under any 
such development agreement shall be limited to the value of any retained 
property interest in the development agreement or the property that is the 
subject of the development agreement. Neither the school board nor the 
district shall be liable to any party nor shall it indemnify or hold harmless 
any party for any liabilities, obligations, losses, damages, penalties, settle- 
ments, claims, actions, suits, proceedings or judgments of any kind and 
nature, costs, expenses, or attorney's fees incurred by such party or parties 
for any act or action arising out of, or in connection with any development 
agreement entered into by the school board, other than the value of the 
retained ownership interest in the property that was conveyed under such 
development agreement. 

(9) Before entering into any transaction as provided in this section, the 
school board members shall certify that they are in compliance with Section 
25-4-25 regarding filings of statements of economic interest with the Missis- 
sippi Ethics Commission and that they will receive no direct or indirect 
pecuniary benefit as a result of the transaction or be in violation of the 
provisions of Section 25-4-105 regarding the improper use of official position. 

(10) [Deleted] 

(11) Any property developed by a school district under this section shall be 
deemed to be for "school purposes" or for "educational purposes." 

SOURCES: Laws, 2005, ch. 540, § 1; Laws, 2006, ch. 593, § 1, eff from and after 
passage (approved Apr. 24, 2006.) 

Amendment Notes — The 2006 amendment in (2), added the second sentence, 
substituted "The School Board" for "A school district" at the beginning of the third 
sentence, and inserted "or taxes" following "may pledge any revenue"; deleted former 

265 



§ 37-7-487 Education 

(10) which read: "Any agreement under this section shall be executed on or before July 
1, 2009."; and added (11). 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 that exempt certain transfers of property from the requirements of this article, see 
§ 37-7-355. 

Board of Trustees of State Institutions of Higher Learning generally, see §§ 37-101-1 
et seq. 

§ 37-7-487. Estimation and pledge of revenues by school dis- 
tricts; "revenues" defined; authorization to enter into devel- 
opment agreements. 

(1) Notwithstanding any other provision of law, a school district may 
estimate the amount of revenues, as denned herein, to be generated from any 
parcel or parcels of any type of property within the school district and may 
irrevocably pledge such revenues to the repayment of any debt or other 
obligation which the district may issue or incur under Sections 37-59-1 et seq., 
37-59-101 et seq., 37-7-351 et seq., 31-7-13(e), 31-7-14, 37-7-471 et seq. and 
37-7-485 et. seq. 

(2) Any district that pledges revenues under the provisions of this section 
shall annually appropriate an amount of such revenues, other than the avails 
of any special tax otherwise levied to pay debt service on bonds or notes of the 
district, to pay the debt or other obligations for which the revenues are 
pledged. Any debt or obligation secured by a pledge of revenues under this 
section shall not be subject to any debt limit or annual appropriation limitation 
imposed by any other statute. To further secure the school district's pledge, the 
district may irrevocably instruct the appropriate tax assessor or collector to 
irrevocably transfer on behalf of the district the pledged amount from any ad 
valorem tax collections, other than any special tax levy specifically imposed to 
pay debt service on any bonds or notes of the district, directly to a paying 
agent, trustee or other third party responsible for paying the debt or obligation 
of the district. Upon receipt of such written instructions, the appropriate tax 
assessor or collector shall transfer the pledged revenues as directed in writing 
by the school district. 

(3) The term revenues, as used in this section shall mean revenues of all 
types, including ad valorem tax collections, other than collections from special 
levies specifically levied to pay debt service on any bonds or notes of the school 
district, lease or development revenues, and any special development fees 
imposed by a developer of property within the school district as provided 
herein. 

(4) Any school district may enter into an agreement with a developer 
pursuant to which the developer agrees to impose a development fee, in the 
amount and in the manner agreed to by the district and the developer, on 
property being developed within the district by the developer. The term of any 
such agreement shall not exceed fifty (50) years. Upon the agreement being 
recorded in the land records of the chancery clerk of the county in which the 
property is located, the development fee shall become a lien on the property 

266 



School Districts; Trustees § 37-7-501 

subject to the agreement between the developer and the district and shall be 
payable by all owners of the subject property at the same time and in the same 
manner, and the payment of such fee shall be enforced by the taxing authority 
in the same manner as other ad valorem taxes levied on the property. 

(5) Nothing in this section shall be construed as giving school districts 
additional debt or to levy any additional taxes other than as allowed by this 
section or as otherwise provided by law. 

SOURCES: Laws, 2006, ch. 593, § 2, eff from and after passage (approved Apr. 
24, 2006.) 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 that exempt certain transfers of property from the requirements of this article, see 
§ 37-7-355. 

DISPOSITION OF PROPERTY ON DISSOLUTION OF SCHOOL 

DISTRICT 

Sec. 

37-7-501. Disposition of property of dissolved district having no outstanding 

bonds. 
37-7-503. Disposition of property of dissolved district having outstanding bonds. 

37-7-505. Assumption of liability for bonds by district acquiring property of 

dissolved district purchased with proceeds of bonds generally. 
37-7-507. Voluntary assumption of liability by annexing district on bonds of 

dissolved district. 
37-7-509. Transfer of funds between school districts. 

37-7-511. Authority to execute conveyances. 

§ 37-7-501. Disposition of property of dissolved district hav- 
ing no outstanding bonds. 

When any school district now existing or hereafter created under any of 
the laws of this state shall be dissolved, abolished or discontinued, either as a 
result of the reorganization and reconstitution of school district under the 
provisions of Article 1 of this chapter, or otherwise, and such school district at 
the time of the dissolution or discontinuance thereof shall have no outstanding 
bonds or other indebtedness then all funds, property and other assets which 
shall belong to such school district at the time of the dissolution or discontin- 
uance thereof shall become the property, funds and assets of the school district 
to which the territory formerly comprising such dissolved district is annexed. 
If the territory of the dissolved district is annexed to or becomes a part of two 
(2) or more school districts, then such property, funds and other assets shall be 
divided and apportioned among such districts in proportion to the number of 
children enrolled in the schools of the dissolved district at the time of the 
dissolution thereof who reside in the territory annexed to each district, or in 
such other manner as may be agreed upon by the school boards of the districts 
involved. Any school property or other assets of the dissolved district which are 
not to be used by the school district or districts to which the territory of the 

267 



§ 37-7-503 Education 

dissolved district is annexed may be sold by the board of supervisors of the 
county in which the property or other assets are located, and, in such case, the 
proceeds of the sale thereof shall be disposed of in the manner otherwise 
provided in this section for the disposition of the funds and other assets of the 
dissolved district. 

SOURCES: Codes, 1942, § 6328-61; Laws, 1953, Ex Sess, ch. 29, § 1; Laws, 1986, 
ch.492, § 38, eff from and after July 1, 1987. 

Editor's Note — Article 1 of this chapter, referred to in this section, was repealed by 
Laws of 1986, ch. 492, § 50, effective from and after July 1, 1987. For present provisions 
relating to reorganization of school districts, see §§ 37-7-103 et seq. 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 that exempt certain transfers of property from the requirements of this article, see 
§ 37-7-355. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 34- CJS. 78 C. J.S., Schools and School Dis- 

36. tricts §§ 72 et seq. 

§ 37-7-503. Disposition of property of dissolved district hav- 
ing outstanding bonds. 

When any school district now existing or hereafter created shall be 
dissolved, abolished or discontinued, either as a result of the reconstitution or 
reorganization of school districts under Article 1 of this chapter, or otherwise, 
and shall have outstanding bonds or other indebtedness, and such bonds or 
other indebtedness are not assumed by another school district under the 
provisions of Section 37-7-505, then all funds which may be on hand to the 
credit of the dissolved district at the time of the dissolution or abolition thereof 
shall be paid into the bond and interest sinking fund or into a special fund to 
be used for the payment of such outstanding bonds or other indebtedness. All 
property and other assets which shall belong to such dissolved district at the 
time of the dissolution or discontinuance thereof may be sold by the board of 
supervisors of the county in which the property or other assets are located, and 
the proceeds of such sale shall likewise be paid into the bond and sinking fund 
or other special fund for the payment of such bonds or other indebtedness. If, 
after paying such bonds or other indebtedness, any funds shall remain, the 
same shall become the property of the district to which the territory of the 
dissolved district is annexed, or if s*uch territory be annexed to two (2) or more 
districts then such funds shall be divided among such districts in proportion to 
the number of children enrolled in the schools of the dissolved district at the 
time of the dissolution thereof who reside in the territory annexed to each 
district or in such other manner as may be agreed upon by the school boards 
of the districts involved. Said sales shall be conducted in the manner and 
following the procedure set up in Sections 37-7-451 through 37-7-457. 



268 



School Districts; Trustees § 37-7-505 

SOURCES: Codes, 1942, § 6328-63; Laws, 1953, Ex Sess, ch. 29, § 3; Laws, 1986, 
ch. 492, § 39, eff from and after July 1, 1987. 

Editor's Note — Article 1 of this chapter, referred to in this section, was repealed by 
Laws of 1986, ch. 492, § 50, effective from and after July 1, 1987. For present provisions 
relating to reorganization of school districts, see §§ 37-7-103 et seq. 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 that exempt certain transfers of property from the requirements of this article, see 
§ 37-7-355. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 25 CJS. 78 C.J.S., Schools and School Dis- 

et seq. tricts §§ 72 et seq. 

§ 37-7-505. Assumption of liability for bonds by district ac- 
quiring property of dissolved district purchased with pro- 
ceeds of bonds generally. 

When any school district now existing or hereafter created shall be 
dissolved, abolished or discontinued, either as the result of the consolidation, 
reorganization or reconstitution of school districts under the provisions of 
Article 1 of this chapter, or otherwise, and such school district shall, at the time 
of the dissolution or discontinuance thereof, have outstanding bonds or other 
indebtedness, the territory formerly composing and comprising such dissolved 
school district shall remain liable for such bonds or other indebtedness, and the 
board of supervisors of the county shall continue to levy taxes upon such 
territory until such bonds or other indebtedness shall be fully paid according 
to the terms thereof. However, in the event a school building or other school 
facilities shall have been acquired, erected, equipped, repaired or remodeled 
with the proceeds of any such bonds or other indebtedness outstanding, and 
such school building or other school facility shall be utilized by the school 
district to which all or any part of the territory of the dissolved district is 
annexed, and shall be approved as an attendance center by the school board, 
and the State Board of Education, then the school district so utilizing such 
school building or other school facility shall become liable for and assume the 
payment of such outstanding bonds or other indebtedness, or such portion 
thereof as was used in the acquisition, erection, equipping, repairing or 
remodeling of the school building or other school facility involved. Taxes shall 
be levied upon all of the taxable property of the school district so utilizing such 
school building or other school facility to pay the balance of the principal and 
interest upon such outstanding bonds or other indebtedness in the same 
manner as if such bonds had originally been issued or such indebtedness 
originally incurred by such district, and, in such case, the title to the school 
building or other school facility and the land upon which it is located shall be 
vested in the school district so utilizing same. Nothing herein shall be 
construed, however, to affect adversely the rights of the holders of any such 
outstanding bonds or other indebtedness, and no school district shall be 

269 



§ 37-7-507 Education 

required to assume liability for the payment of any bonds or other indebted- 
ness incurred by a former school district unless the school building or other 
school facility acquired, erected, equipped, repaired or remodeled with the 
proceeds of such bonds or other indebtedness shall be utilized by such school 
district, with the approval of the school board, and the State Board of 
Education, as a part of the long range school program of such district. In the 
event the outstanding bonds or other indebtedness of a dissolved school district 
are assumed by another school district as provided in this section, then the 
remaining property, assets and funds of the dissolved district which do not 
become the property of the school district assuming such indebtedness shall be 
disposed of in the manner provided in Section 37-7-501. 

SOURCES: Codes, 1942, § 6328-62; Laws, 1953, Ex Sess, ch. 29, § 2; Laws, 1986, 
ch. 492, § 40, eff from and after July 1, 1987. 

Editor's Note — Article 1 of this chapter, referred to in this section, was repealed by 
Laws of 1986, ch. 492, § 50, effective from and after July 1, 1987. For present provisions 
relating to reorganization of school districts, see §§ 37-7-103 et seq. 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 

Provisions of the Emergency School Leasing Authority Act of 1986 that exempt 
certain transfers of property from the requirements of this article, see § 37-7-355. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 5 et C JS. 78 C. J.S., Schools and School Dis- 
seq. tricts §§ 72 et seq. 

§ 37-7-507. Voluntary assumption of liability by annexing dis- 
trict on bonds of dissolved district. 

Notwithstanding any of the provisions of Sections 37-7-501 through 
37-7-511, any school district to which all or a part of the territory of a dissolved 
school district is annexed may, by agreement of the school board thereof, 
assume the payment of all or any part of the outstanding bonds or other 
indebtedness of the dissolved district even though it is not mandatorily 
required so to do under the provisions of said sections. 

In addition, no such assumption of indebtedness under the provisions of 
this section shall be binding and effective until the school board of the school 
district proposing to assume such indebtedness shall adopt a resolution 
declaring its intention so to do, stating the amount, the nature of the 
indebtedness to be assumed and the date upon which such board proposes to 
take final action assuming such, indebtedness. Such resolution shall be 
published once a week for at least three (3) consecutive weeks in at least one 
(1) newspaper published or having a general circulation in the school district 
proposing to assume such indebtedness. The first publication of such resolu- 
tion shall be made not less than twenty-one (21) days prior to the date specified 
in such resolution for final action, and the last publication shall be made not 
more than seven (7) days prior to such date. If twenty percent (20%) of the 
qualified electors of the school district proposing to assume such indebtedness 

270 






School Districts; Trustees § 37-7-509 

shall file a written protest against such assumption of indebtedness on or 
before the date specified in such resolution, then an election upon the question 
of the assumption of such indebtedness shall be called and held in said school 
district in the same manner as other special elections are held therein. If no 
such protest be filed, then such assumption of indebtedness shall become 
binding and effective without an election on the question. If an election is 
called under the provisions of this section, notice thereof shall be given for the 
same time and in the same manner required for the publication of the 
resolution hereinabove referred to, and such election shall be held as far as 
practicable in the same manner as state and county elections are held. At such 
election all qualified electors of the school district may vote, and the ballots 
used thereat shall have printed thereon a brief statement of the purpose of the 
school board to assume such indebtedness, together with the amount thereof, 
and the words: "For the assumption of the indebtedness," and "Against the 
assumption of the indebtedness," and the voter shall vote by placing a cross (X) 
or check mark (/) opposite his choice on the proposition. If at said election 
three-fifths (3/5) of the qualified electors of the school district who vote in said 
election vote in favor of the assumption of such indebtedness, then such 
indebtedness shall be assumed by the school board; otherwise, such indebted- 
ness shall not be assumed. 

SOURCES: Codes, 1942, § 6328-64; Laws, 1953, Ex Sess, ch. 29, § 4; Laws, 1986, 
ch. 492, § 41, eff from and after July 1, 1987. 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 that exempt certain transfers of property from the requirements of this article, see 
§ 37-7-355. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 39- CJS. 78 C. J.S., Schools and School Dis- 
41. tricts §§ 72 et seq. 

§ 37-7-509. Transfer of funds between school districts. 

The superintendent of schools, upon order of the school board, shall be 
authorized and empowered to make such transfers of funds to and from the 
credit of the school districts involved as may be necessary to carry out the 
terms and provisions of Sections 37-7-501 through 37-7-511. 

SOURCES: Codes, 1942, § 6328-65; Laws, 1953, Ex Sess, ch. 29, § 5; Laws, 1986, 
ch. 492, § 42, eff from and after July 1, 1987. 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 that exempt certain transfers of property from the requirements of this article, see 
§ 37-7-355. 



271 



§ 37-7-511 Education 

§ 37-7-511. Authority to execute conveyances. 

The school boards of the respective school districts in whom title to such 
property may be vested are hereby empowered and authorized to execute 
proper conveyances of such property in order to carry out the purposes of 
Sections 37-7-501 through 37-7-511. 

SOURCES: Codes, 1942, § 6328-66; Laws, 1953, Ex Sess, ch. 29, § 6; Laws, 1986, 
ch. 492, § 43, eff from and after July 1, 1987. 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 that exempt certain transfers of property from the requirements of this article, see 
§ 37-7-355. 

DISPOSITION OF LANDS ACQUIRED BY TOWNSHIP TRUSTEES FOR 
SCHOOLS AND SCHOOL LANDS 

Sec. 

37-7-531. Authorization and procedure. 

§ 37-7-531. Authorization and procedure. 

The board of supervisors of each county wherein are situated lands, other 
than 16th section lands or lands held in lieu of 16th section lands, acquired by 
township trustees for schools and school lands as created by Article Five, 
Chapter Nine, Hutchinson's Mississippi Code 1848, amendments thereto, and 
related statutes, where title to said lands remains in said trustees and their 
successors, is hereby authorized and empowered, in its discretion, upon the 
expiration of any current lease, to lease said lands in whole or in part for any 
term of years not to exceed ninety-nine, or to sell said lands or any part thereof 
outright as herein provided. 

If leased, the rental, in the discretion of the board, may be in gross, or on 
an annual basis evidenced by notes of lessee. On the expiration or termination 
of any lease, the board may release, or then sell outright, the whole or any part 
of said lands. 

In the event the board of supervisors shall determine to lease or sell said 
lands, such lands shall be sold or leased at public contract after said board has 
advertised such lands for sale or lease in a newspaper published in the county 
of said board, or if no newspaper be published in said county, then in a 
newspaper having a general circulation therein for two successive weeks, the 
first being at least ten days prior to said public contract. If no bid acceptable to 
the board of supervisors is received after said advertisement, the board of 
supervisors, with the approval of the county superintendent of education, may 
lease same by private contract. 

In the event of an outright sale, there shall be reserved, for the benefit of 
the township fund of the township in which the lands may be located, one-half 
of the oil, gas and other minerals in, on and underlying the land sold. 

The board of supervisors of each county wherein may be situated any such 
lands, is hereby authorized and empowered, in its discretion, to lease said 

272 






School Districts; Trustees § 37-7-645 

lands or any part thereof, or the interest reserved in any sale, for oil, gas and 
mineral exploration and development, within the limitations of and upon 
compliance with the requirements of all statutes, as such statutes now exist or 
may be hereafter enacted or amended, governing lease for mineral exploration 
and development of 16th section lands and lands held in lieu of 16th section 
lands. 

The funds received from either lease or sale or mineral lease shall be 
added to the principal fund of the township, but in the event of a sale, fifty per 
cent of the consideration may be expended by the board of supervisors in the 
construction of school buildings. 

SOURCES: Codes, 1942, § 6218.5; Laws, 1950, ch. 299, §§ 1-6. 

Cross References — Provisions of the Emergency School Leasing Authority Act of 
1986 which exempt certain transfers of property from the requirements of this article, 
see § 37-7-355. 

Article 11. 

Municipal Separate School Districts 
[Repealed] . 

§§ 37-7-601 through 37-7-645. Repealed. 

Repealed by Laws 1986, ch. 492, § 47, eff from and after July 1, 1987. 

§§ 37-7-601 through 37-7-645. [Laws, 1924, ch. 283; Codes 1930, § 6790; 
1930, ch. 278; Codes, 1942, §§ 3374-108, 6328-76.7, 6328-76.8, 6633, 6411-01 
to 6411-11, 6411-15, 6411-16; Laws, 1950, ch. 491, § 108; 1953, Ex Sess, ch. 23, 
§§ 1-11, 15 and 16; 1955, Ex Sess, chs. 50 and 51; 1958, ch. 519, §§ 1-4; 1959, 
Ex Sess, ch. 29, § 1; 1964, ch. 395; 1970, ch. 376, §§ 1-3; 1971, ch. 355, § 1; 
1972, ch. 456, §§ 2, 3; 1974, ch. 476; 1985, ch. 460, § 3; 1986, ch. 421] 

Editor's Note — Former §§ 37-7-601 through 37-7-645 related to municipal 
separate school districts. For provisions providing that all public school districts have 
a common system of administration after July 1, 1987, see §§ 37-6-1 et seq. 

Article 13. 
Special Municipal Separate School Districts. 

Sec. 

37-7-701. Applicability of article; construction of article. 

37-7-703. Selection of trustees of county-wide district where majority of inhabit- 

ants reside within city limits. 

37-7-705. Selection of trustees of county-wide district where majority of inhabit- 

ants reside outside city limits. 

37-7-707. Composition of board of trustees; qualifications, election and terms of 

office of trustees. 

37-7-709. Filling of vacancies. 

37-7-711. Filing of petition of nomination by candidate for board of trustees; 

determination of election results. 

273 



§ 37-7-701 Education 

37-7-713. Selection of trustees in districts embracing less than entire area of 

county. 

37-7-715. Selection of trustees by agreement of governing authorities of county 

and municipality generally. 

37-7-717. Optional methods of selecting trustees pursuant to agreement. 

37-7-719 and 37-7-721. Repealed. 

37-7-723. District board of trustees to supersede county board of education in 

county- wide districts. 

37-7-725. District superintendent to supersede county superintendent of educa- 

tion in county- wide districts. 

37-7-727 through 37-7-745. Repealed. 

§ 37-7-701. Applicability of article; construction of article. 

The provisions of this article shall be applicable only to those municipal 
separate school districts which have been or shall be organized, reorganized or 
reconstituted in accordance with the provisions of Article 1 of this chapter, with 
added territory where the added territory, exclusive of any added territory 
which was a part of such municipal separate school district before such 
organization, reorganization or reconstitution, shall contain twenty-five per 
cent or more of the total number of educable children of such district. Such 
school districts, for the purposes of this article, shall be known as special 
municipal separate school districts. This article shall be supplementary and in 
addition to all existing school laws of this state and, except as herein expressly 
provided, all applicable statutes relative to the establishment, government, 
management, and operation of municipal separate school districts shall be 
fully applicable to such special municipal separate school districts. 

SOURCES: Codes, 1942, § 6328-81; Laws, 1956, ch. 296, § 1. 

Editor's Note — Article 1 of this chapter, referred to in this section, was repealed by 
Laws of 1986, ch. 492, § 50, effective from and after July 1, 1987. 

For present provisions relating to reorganization of school districts, see §§ 37-7-103 
et seq. 

Cross References — Homestead exemptions, see § 27-33-3. 

Abolition, reorganization or alteration of district, see §§ 37-7-103 et seq. 

§ 37-7-703. Selection of trustees of county-wide district 
where majority of inhabitants reside within city limits. 

In all such special municipal separate school districts which embrace the 
entire county in which, according to the latest available federal census, a 
majority of the inhabitants of the county reside within the corporate limits of 
the municipality, the board of trustees of such special municipal separate 
school district shall be chosen and selected in the manner provided by 
subsection (1) of Section 37-7-203, and all of the provisions thereof shall be 
fully applicable in all respects to the selection and constitution of such board of 
trustees. 

SOURCES: Codes, 1942, § 6328-82; Laws, 1956, ch. 296, § 2. 
274 



School Districts; Trustees § 37-7-707 

Cross References — Homestead exemptions, see § 27-33-3. 

Abolition and discontinuance of county board of education in any county wherein 
special municipal separate school district embraces entire county and devolution of its 
duties upon district board of trustees, see § 37-7-723. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools § 60. 
CJS. 78 C.J.S., Schools and School Dis- 
tricts §§ 117 et seq. 

§ 37-7-705. Selection of trustees of county-wide district 
where majority of inhabitants reside outside city limits. 

In all such special municipal separate school districts which may be so 
organized, reorganized or reconstituted to embrace the entire county in which 
the majority of the inhabitants of the county reside outside the corporate limits 
of the municipality, the board of trustees of such district shall be constituted in 
accordance with the provisions of Sections 37-7-707 through 37-7-711, unless 
the governing authorities of the municipality and of the county shall have 
provided for one of the alternative methods of organization as provided by 
Sections 37-7-715 and 37-7-717. 

SOURCES: Codes, 1942, § 6328-83; Laws, 1956, ch. 296, § 3. 

Cross References — Homestead exemptions, see § 27-33-3. 

Abolition, reorganization or alteration of district, see §§ 37-7-103 et seq. 

Abolition and discontinuance of county board of education in any county wherein 
special municipal separate school district embraces entire county and devolution of its 
duties upon district board of trustees, see § 37-7-723. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools § 60. 
CJS. 78 C.J.S., Schools and School Dis- 
tricts §§ 117 et seq. 

§ 37-7-707. Composition of board of trustees; qualifications, 
election and terms of office of trustees. 

In all such special municipal separate school districts which may be so 
organized, reorganized or reconstituted to embrace the entire county in which 
the majority of the inhabitants of the county reside outside the corporate limits 
of the municipality, the board of trustees of such district shall be composed of 
five members, one of whom shall be a resident qualified elector of each 
supervisors district of the county. Said trustees shall be elected from the county 
at large by the qualified electors of the county at the first regular general 
election following the approval by the state educational finance commission of 
the organization of such district. Such trustees shall take office on the first 
Monday of January following their election. 

275 



§ 37-7-709 Education 

At such election the members of the said board from supervisors districts 
one and five shall be elected for a term of six years, the members from districts 
three and four shall be elected for a term of four years, and the members from 
district two shall be elected for a term of two years. Thereafter members shall 
be elected at regular general elections as vacancies occur for terms of six years 
each and shall take office on the first Monday of January after their election. 

SOURCES: Codes, 1942, § 6328-83; Laws, 1956, ch. 296, § 3. 

Editor's Note — Section 37-45-3 provides that all references in laws of the state to 
"State Educational Finance Commission" or "commission", when referring to the 
Educational Finance Commission, shall be construed to mean the State Board of 
Education. 

Cross References — Homestead exemptions, see § 27-33-3. 

State Board of Education generally, see §§ 37-1-1 et seq. 

Abolition, reorganization or alteration of district, see §§ 37-7-103 et seq. 

Composition of boards of trustees of municipal separate school districts, qualifica- 
tions, selection, terms of office, see § 37-7-203. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 60, C JS. 78 C. J.S., Schools and School Dis- 

63. tricts §§ 118-128. 

§ 37-7-709. Filling of vacancies. 

In all such special municipal separate school districts which may be so 
organized, reorganized or reconstituted to embrace the entire county in which 
the majority of the inhabitants of the county reside outside the corporate limits 
of the municipality, all vacancies which may occur during the term of office 
shall be filled by appointment by the remaining members of the board of 
trustees, such appointee to have the same qualifications as other members of 
the board and to reside in the same supervisors district as the former member 
whose death, removal or resignation caused the vacancy. Such appointment 
shall be made within thirty days after the vacancy occurs. The person so 
appointed shall serve only until the first Monday of January following the next 
regular general election after such appointment and, at the regular general 
election next preceding such first Monday in January, a person shall be elected 
for the remainder of the unexpired term at the same time and in the same 
manner as a trustee is elected for the full term next expiring, and such person 
shall take office on said first Monday of January. 

SOURCES: Codes, 1942, § 6328-83; Laws, 1956, ch. 296, § 3. 

Cross References — Homestead exemptions, see § 27-33-3. 
Abolition, reorganization or alteration of district, see §§ 37-7-103 et seq. 



276 



School Districts; Trustees § 37-7-713 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools § 58. 
CJS. 78 C.J.S., Schools and School Dis- 
tricts § 138, 139. 

§ 37-7-711. Filing of petition of nomination by candidate for 
board of trustees; determination of election results. 

In all such special municipal separate school districts which may be so 
organized, reorganized or reconstituted to embrace the entire county in which 
the majority of the inhabitants of the county reside outside the corporate limits 
of the municipality, the name of any qualified elector who is a candidate for the 
board of trustees of such special municipal separate school district, whether 
such person be a candidate for an unexpired term or for a full term, shall be 
placed on the ballot used in the elections, provided that the candidate files with 
the county election commissioners, not more than ninety days and not less 
than thirty days prior to the date of such general election, a petition of 
nomination signed by not less than one hundred fifty qualified electors of the 
county. The candidate in each election who receives the highest number of 
votes cast in the election shall be declared to have been elected. 

SOURCES: Codes, 1942, § 6328-83; Laws, 1956, ch. 296, § 3. 

Cross References — Homestead exemptions, see § 27-33-3. 
Abolition, reorganization or alteration of district, see §§ 37-7-103 et seq. 

§ 37-7-713. Selection of trustees in districts embracing less 
than entire area of county. 

In all special municipal separate school districts where the district 
embraces less than the entire area of the county and where the majority of the 
educable children of such district reside outside the limits of the municipality, 
unless the governing authorities of the municipality and the county provide for 
one of the alternative methods of organization as set out in Sections 37-7-715 
and 37-7-717, the said special municipal separate school district shall be 
governed by a board of trustees consisting of five members, to be elected by the 
qualified electors of such municipal separate school district from the district at 
large in the manner provided by Sections 37-7-209 through 37-7-219, and all 
duties imposed upon the county superintendent of education by said sections 
with reference to such elections shall be imposed upon and performed by the 
superintendent of the municipal separate school district. However, the first 
board of trustees of such special municipal separate school district shall be 
appointed in the following manner. The governing authorities of the munici- 
pality shall appoint three trustees, and such appointments shall be made so 
that one trustee shall be appointed to serve until the first Saturday of March 
following such appointment, one for two years longer, and one for four years 
longer. The board of education of the county shall appoint two trustees, such 

277 



§ 37-7-715 Education 

appointments to be made so that one trustee shall be appointed to serve until 
the first Saturday of March of the second year following such appointment, and 
one trustee for two years longer. After such original appointments the trustees 
of such a special municipal separate school district shall be elected for a term 
of five years, as herein provided. All such members of said board of trustees 
shall be residents and qualified electors of such school district. All vacancies 
which may occur during a term of office shall be filled by appointment by the 
remaining members of the board of trustees, such appointee to have the same 
qualifications as other members of the board. Such appointment shall be made 
within thirty days after the vacancy occurs. The person so appointed shall 
serve only until his successor shall have qualified. The successor to serve the 
remainder of the unexpired term shall be elected on the first Saturday of 
March next following the occurrence of such vacancy in the same manner as 
provided for by Sections 37-7-209 through 37-7-219. 

SOURCES: Codes, 1942, § 6328-84; Laws, 1956, ch. 296, § 4. 

Cross References — Homestead exemptions, see § 27-33-3. 
Election of trustees generally, see §§ 37-7-209 through 37-7-219. 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools § 60. 
CJS. 78 C.J.S., Schools and School Dis- 
tricts §§ 117 et seq. 

§ 37-7-715. Selection of trustees by agreement of governing 
authorities of county and municipality generally. 

Upon the organization, reorganization or reconstitution of any special 
municipal separate school district, the board of supervisors of the county 
wherein such special municipal separate school district is located and the 
governing authorities of the municipality may, by an order spread upon their 
minutes within sixty days after such organization, reorganization or reconsti- 
tution shall have become final, expressing an agreement between both such 
governing authorities, choose to constitute the board of such special municipal 
separate school district under one of the optional methods of organization set 
out in Section 37-7-717. In the event that both the governing authorities 
hereinabove referred to shall enter such an order within said period, then the 
said board of trustees shall be thereafter constituted and selected according to 
the terms of such agreement, provided such agreement is in conformity with 
the terms of Section 37-7-717. It is further expressly provided that irregular- 
ities of a procedural nature in the adoption of such orders shall not affect the 
validity of the same or the validity of any acts of the board of trustees which 
may be constituted by virtue thereof. 

SOURCES: Codes, 1942, § 6328-85; Laws, 1956, ch. 296, § 5. 

278 



School Districts; Trustees § 37-7-717 

Cross References — Homestead exemptions, see § 27-33-3. 
Abolition, reorganization or alteration of district, see §§ 37-7-103 et seq. 

ATTORNEY GENERAL OPINIONS 

Changing the method of the selection of school district is reorganized or reconsti- 

trustees of a school district organized pur- tuted pursuant to §§ 37-7-103 et seq. 

suant to § 37-7-717 from subsection (a) to Smith, June 14, 2002, A.G. Op. #02-0220. 
subsection (b) is authorized only when the 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools § 60. 
CJS. 78 C.J.S., Schools and School Dis- 
tricts §§ 117 et seq. 

§ 37-7-717. Optional methods of selecting trustees pursuant 
to agreement. 

Upon complying with the terms and provisions of Section 37-7-715, hereof, 
the board of supervisors of any county wherein there is a special municipal 
separate school district and the governing authorities of the municipality may 
provide that the board of trustees of such special municipal separate school 
district shall be organized and constituted in one of the following manners: 

(a) The said board may consist of five members, all of whom shall be 
bona fide residents of and qualified electors of such school districts and who 
shall be appointed by either the board of supervisors, the governing 
authorities of the municipality, or by both of said bodies in such proportion 
as the governing bodies may agree upon. The first such board shall be 
appointed so that one trustee shall be appointed to serve for one year, one for 
one year longer, one for two years longer, one for three years longer, and one 
for four years longer. Upon the expiration of each such original term, each 
appointment shall be for five years and shall be made by the authority 
making the original appointment. In case of the occurrence of a vacancy, the 
authority which made the appointment of the trustee responsible for such 
vacancy shall appoint a successor to serve the remainder of the term of such 
trustee. 

(b) In case of a special municipal separate school district which em- 
braces the entire county, the board of trustees may be constituted and 
selected in accordance with the terms and provisions of Sections 37-7-707 
through 37-7-711, with the exception that one member of such board shall be 
elected by each supervisors district and shall be a resident and qualified 
elector of the district from which he is elected. 

(c) In case of a special municipal separate school district embracing the 
entire county, the board of trustees may be constituted and selected in 
accordance with the terms and provisions of Section 37-7-713. 

SOURCES: Codes, 1942, § 6328-86; Laws, 1956, ch. 296, § 6. 

279 



§ 37-7-719 Education 

Cross References — Homestead exemptions, see § 27-33-3. 

ATTORNEY GENERAL OPINIONS 

Adoption of joint resolution by munici- make all appointments of trustees of 

pal and county governing authorities evi- school district, would be sufficient to effect 

dencing agreement between two boards said change. Brown, Sept. 19, 1990, A.G. 

that county board of supervisors will now Op. #90-0689. 

§§ 37-7-719 and 37-7-721. Repealed. 

Repealed by Laws, 1986, ch. 492, § 48, efFfrom and after July 1, 1987. 
§ 37-7-719. [Codes, 1942, § 6328-87; Laws, 1956, ch. 296, § 7] 
§ 37-7-721. [Codes, 1942, § 6328-89; Laws, 1956, ch. 296, § 9] 

Editor's Note — Former § 37-7-719 provided for powers and duties of the board of 
trustees of special municipal school districts. 

Former § 37-7-721 provided for reimbursement of members of board of trustees of 
special municipal separate school districts for travel expenses. 

§ 37-7-723. District board of trustees to supersede county 
board of education in county-wide districts. 

In any county in which there exists a special municipal separate school 
district which embraces and includes the entire county, the county board of 
education of such county shall be forthwith discontinued and abolished. All of 
the duties provided by law which would otherwise devolve upon the county 
board of education of such county shall be performed and discharged by the 
board of trustees of the special municipal separate school district which for 
such purpose, shall have and be vested with all power, authority and duties 
now conferred by law upon the county board of education. 

SOURCES: Codes, 1942, § 6328-112; Laws, 1958, ch. 319, § 2, eff from and after 
passage (approved May 6, 1958). 

Cross References — Homestead exemptions, see § 27-33-3. 

Establishment of county board of education in every county, see § 37-5-1. 

Selection, term and qualifications of trustees of municipal separate school districts, 
see § 37-7-203. 

Selection of trustees of county- wide district where majority of inhabitants reside 
within city limits, see § 37-7-703. 

Selection of trustees of county-wide district where majority of inhabitants reside 
outside city limits, see § 37-7-705. 

§ 37-7-725. District superintendent to supersede county su- 
perintendent of education in county-wide districts. 

When a special municipal separate school district embraces and includes 
all of the territory of the county, then the office of county superintendent of 
education in such county shall be abolished and discontinued in such county 
and no county superintendent of education of such county shall be elected at 

280 



School Districts; Trustees § 37-7-911 

any ensuing elections. In such an event, the superintendent of the special 
municipal separate school district shall thereafter perform and discharge all 
duties which would otherwise devolve upon the county superintendent of 
education under the provisions of any applicable statute of this state, and, for 
such purpose, the superintendent of such special municipal separate school 
district shall have and be vested with all power and authority conferred by law 
upon such county superintendents of education. 

SOURCES: Codes, 1942, § 6328-113; Laws, 1958, ch. 319, § 3, eff from and after 
passage (approved May 6, 1958). 

Cross References — Homestead exemptions, see § 27-33-3. 

County superintendent of education; election; term of office, see § 37-5-61. 

§§ 37-7-727 through 37-7-745. Repealed. 

Repealed by Laws, 1986, ch. 492, § 48, eff from and after July 1, 1987. 

§§ 37-7-727 through 37-7-745. [Codes, 1942, §§ 6411-10.3, 6328-92 to 
6328-94, 6328-111, 6328-114; Laws, 1956, ch. 296, §§ 12-14; 1958, ch. 319, 
§§ 1, 4; 1968, ch. 422, §§ 1-3; 1977, ch. 486, § 28; 1983, ch. 471, § 22] 

Editor's Note — Former §§ 37-7-727 through 37-7-745 pertained to various powers, 
duties, and functions of the board of trustees of special municipal separate school 
districts, administrative expenses, funds, ad valorem taxes, and district tax levies. 

Article 15. 

Line School Districts 
[Repealed] . 

§§ 37-7-801 through 37-7-811. Repealed. 

Repealed by Laws, 1986, ch. 492, § 49, eff from and after July 1, 1987. 
§§ 37-7-801 through 37-7-811. [Codes, 1942, §§ 6328-51 to 6328-53, 
6328-55 to 6328-57; Laws, 1953, Ex Sess, ch. 25, §§ 1-3, 5-7; 1954, ch. 259, § 2] 

Editor's Note — Former §§ 37-7-801 through 37-7-811 related to the duties and 
functions of line school districts. 

Article 17. 

Isolated School Districts 
[Repealed] . 

§§ 37-7-901 through 37-7-911. Repealed. 

Repealed by Laws, 1986, ch. 492, § 50, eff from and after July 1, 1987. 
§§ 37-7-901 through 37-7-911. [Codes, 1942, §§ 6248-21 to 6248-26; Laws, 
1956, ch. 271, §§ 1-6] 

281 



§ 37-7-911 Education 

Editor's Note — Former §§ 37-7-901 through 37-7-911 related to isolated school 
districts. 



282 



CHAPTER 9 

District Superintendents, Principals, Teachers, and Other 

Employees 

In General 37-9-1 

Education Employment Procedures Law 37-9-101 

Group Health, Hospitalization and Major Medical Insurance for Full- 
Time Certificated and Non-Certificated Personnel 37-9-151 

Beginning Teacher Support Program 37-9-201 

Beginning Principal Support Pilot Program 37-9-251 

IN GENERAL 



Definitions. 

Employment of non-instructional employees. 

Compensation of attorney employed by school board who is a member of 

the Legislature. 

37-9-5. Repealed. 

37-9-7. Employment of unlicensed superintendent, principal or teacher; condi- 

tional contracts; expiration of license during term of contract. 

37-9-8. Repealed. 

37-9-9. Rules and regulations governing issuance of teachers' certificates; 

compensation of teachers serving special needs of district. 

37-9-11. Testing of applicants for teacher licensure. 

37-9-12. Referendum on continuation or abolition of office of county superinten- 

dent of education. 

37-9-13. Selection of superintendent of school district; qualifications of superin- 

tendent. 

37-9-14. General duties and powers of superintendent of school district. 

37-9-15. Selection of assistant superintendents and principals; interim conser- 

vators. 

37-9-16. Repealed. 

37-9-17. Selection of licensed employees or non-instructional employees to be 

employed for school year; increase in compensation of certain licensed 
employees; fingerprinting and criminal background checks for appli- 
cants. 

37-9-18. Superintendent of schools to furnish school board with financial state- 

ment of receipts and disbursements; investigations and audits; con- 
tracts; review of audit report. 
Repealed. 

Nepotism in hiring of superintendents, principals or licensed employees. 
Form and execution of contracts with superintendents, principals, 
licensed employees, and others anticipating graduation from approved 
programs; conditional contracts. 
-9-24. Contracts with licensed personnel for not less than 187 employment 

days. 

Contracts for periods greater than one scholastic year. 
Bond of superintendents. 
Repealed. 
Bond of principals. 

Amount of salaries to be in compliance with adequate education 
program law. 

283 



§ 37-9-1 Education 

37-9-35. Employment of teachers to be paid from minimum education program 

funds. 

37-9-36. Repealed. 

37-9-37. Factors considered in fixing salaries of superintendents, principals or 

licensed employees. 

37-9-39. Time of payment of salaries. 

37-9-41. Manner of payment of salaries. 

37-9-43. Payment of salary prior to execution of written contract; effect of breach 

of contract. 

37-9-45 and 37-9-47. Repealed. 

37-9-49. Deduction of dues, etc., from salaries. 

37-9-51. Repealed. 

37-9-53. Repealed. 

37-9-55. Release from contract. 

37-9-57. Effect of abandonment of employment. 

37-9-59. Grounds and procedure for dismissal or suspension of licensed em- 

ployee; attendance of different school system by child as ground for 
denying employment or reemployment of superintendent, principal or 
licensed employee. 

37-9-61 through 37-9-67. Repealed. 

37-9-69. General duties of superintendents, principals and teachers. 

37-9-70. Office for superintendent of schools. 

37-9-71. Suspension of pupils. 

37-9-73. Repealed. 

37-9-75. Strikes by teachers. 

37-9-77. School Administrator Sabbatical Program [Repealed effective July 1, 

2010]. 

37-9-79. School guidance counselors; qualifications; define comprehensive coun- 

seling services; code of ethics. 

§ 37-9-1. Definitions. 

For the purposes of this chapter, the terms "superintendent" and "princi- 
pal" shall have such meaning as are ascribed to them under the provisions of 
Section 37-19-1. The term "licensed employee" shall mean any other employee 
of a public school district required to hold a valid license by the Commission on 
Teacher and Administrator Education, Certification and Licensure and Devel- 
opment. The term "non-instructional employee" shall include all employees of 
school districts other than superintendents, principals and licensed employees. 

SOURCES: Codes, 1942, § 6282-01; Laws, 1953, Ex Sess, ch. 20, § 1; Laws, 1986, 
ch. 492, § 65; Laws, 1997, ch. 545, § 3, eff from and after passage (approved 
April 10, 1997). 

Editor's Note — Former § 37-19-1, referred to in this section, was repealed by Laws 
of 1986, Ch. 612, § 30, effective July 1,2002. The section provided definitions for terms 
used in Chapter 19 of Title 37, including the terms "principal" and "superintendent," 
which were defined as follows: 

"(c) The term "principal" shall mean the head of an attendance center or division 
thereof; 

"(d) The term "superintendent" shall mean the head of a school district;" 

Cross References — Commission on Teacher and Administrator Education, Certi- 
fication and Licensure and Development membership, powers and duties, see § 37-3-2. 

284 






District Personnel § 37-9-3 

Procedural requirements to be met prior to issuance of arrest warrant for teacher 
charged with committing crime during performance of official duties, see § 99-3-28. 

JUDICIAL DECISIONS 

1. In general. employment of consultants as non-in- 

Public relations consultants are "non- structional personnel does not violate 

instructional personnel" as denned in statutory law. Smith v. Dorsey, 599 So. 2d 

§ 37-9-1 and, therefore, a school district's 529 (Miss. 1992). 

ATTORNEY GENERAL OPINIONS 

Since the statutory employment scheme teachers and other temporary support 

requires only that specified, licensed ad- personnel without the use of a written 

ministrators and employees serve under contract. Barnett, April 24, 1998, A.G. Op. 

contract, it is within the discretion of a #98-0194. 
school district to employ tutors, substitute 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 134 IDEA Reauthorized (Michie). 

et seq. Vacca and Bosher, Law and Education: 

Practice References. Mississippi Contemporary Issues and Court Decisions 

School Laws Annotated (Michie). (Matthew Bender). 

Federal Education Laws and Regula- Rapp, Education Law (Matthew 

tions (Michie). Bender). 

§ 37-9-3. Employment of non-instructional employees. 

Within the limits of the available funds, the superintendent of schools of a 
school district shall recommend to the school board thereof all noninstructional 
employees to be employed and may prescribe the duties thereof. Compensation 
for such employees may be paid from any lawful funds. 

SOURCES: Codes, 1942, § 6282-02; Laws, 1953, Ex Sess, ch. 20, § 2; Laws, 1986, 
ch. 492, § 66; Laws, 1987, ch. 307, § 11; Laws, 2004, ch. 357, § 1, eff from and 
after July 1, 2004. 

Cross References — Prohibition against denying employment on ground that child 
of applicant does not attend school system in which employment or reemployment is 
sought, see § 37-9-59. 

JUDICIAL DECISIONS 

1. In general. 2. Employment of public relations 

2. Employment of public relations con- consultants. 

sultants. Public relations consultants are "non- 

1. In general. instructional personnel" as denned in 

A school board has the authority to § 37-9-1 and, therefore, a school district's 

employ and fix the duties and compensa- employment of consultants as non-in- 

tion of non-instructional personnel, structional personnel does not violate 

Yarbrough v. Camphor, 645 So. 2d 867 statutory law. Smith v. Dorsey, 599 So. 2d 

(Miss. 1994). 529 (Miss. 1992). 

285 



§ 37-9-4 



Education 



A school board's expenditure of tax- 
payer funds for a contract with public 
relations consultants who were hired to 
promote the passage of a bond referendum 
for new school buildings was an unautho- 
rized expenditure of public funds since a 
public entity may not use public funds to 
actively campaign for a favored position 
on a bond issue; moreover, this expendi- 



ture involved more than a mistaken exer- 
cise of authority, as the entire objective 
was unauthorized and the school children 
were wrongfully deprived of the benefit of 
these funds, and therefore board members 
who voted in favor of the contract would 
be personally liable for the amount of the 
unlawful expenditure. Smith v. Dorsey, 
599 So. 2d 529 (Miss. 1992). 



ATTORNEY GENERAL OPINIONS 



In regard to personnel matters, Sections 
37-9-3, 37-7-301(w), 37-9-15, 37-9-17, 37- 
9-105 and 37-9-59, with the exception of 
the step-aside provisions of 37-9-17, re- 
quire the recommendation of the superin- 
tendent before the board may act upon the 
employment of non-instructional employ- 
ees and certificated employees. Hand, 
February 1, 1995, A.G. Op. #95-0008. 

The school board of a county school 
district does not have authority to employ 
or re-employ a non-instructional employee 
if the superintendent does not recommend 
the employee to the board. Boyles, Mar. 2, 
2001, A.G. Op. #01-0116. 



Subject to any lawfully adopted policies 
or preexisting contractual obligations, a 
school board in its discretion may reassign 
a nonlicensed employee to a position with 
lesser duties and responsibilities and may 
also reduce the salary of the employee. 
Smith, Mar. 19, 2004, A.G. Op. 04-0114. 

There is no specific statutory authority 
for a school board to dismiss non-licensed 
employees on its own initiative. That au- 
thority has been granted specifically to 
the superintendent in § 37-9-14 (2)(y). 
Rhodes, Nov. 5, 2004, A.G. Op. 04-0509. 



RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 156 C JS. 78 C.J.S., Schools and School Dis- 
et seq. tricts §§ 204, 315, 316, 351, 352. 

§ 37-9-4. Compensation of attorney employed by school board 
who is a member of the Legislature. 

The compensation of any attorney employed by a school board who is a 
member of the Legislature shall be paid only from funds available to the school 
district that are not appropriated by the Legislature. 

SOURCES: Laws, 2004, ch. 583, § 2, eff from and after June 30, 2004. 

Editor's Note — A former § 37-9-4 [Laws, 1981, ch. 499, § 1; repealed by Laws, 1986, 
ch. 492, § 84, eff from and after July 1, 1987] provided for employment of noncertified 
personnel and legal counsel. 

§ 37-9-5. Repealed. 

Repealed by Laws, 1986, ch. 492, § 84, eff from and after July 1, 1987. 
§ 37-9-5. [Codes, 1942, § 6411-14; Laws, 1953, Ex Sess, ch. 23, § 14] 

Editor's Note — Former § 37-9-5 provided for the employment of truant officers, 
physical education teachers and visiting nurses in municipal separate school districts. 



286 



District Personnel § 37-9-7 

§ 37-9-7. Employment of unlicensed superintendent, princi- 
pal or teacher; conditional contracts; expiration of license 
during term of contract. 

It shall be unlawful for any superintendent, principal or teacher to be 
employed or contracted with to teach or serve in any of the public schools of 
this state who does not hold a proper license as required by the State Board of 
Education. However, the local school board, in its discretion, may authorize the 
superintendent to enter into a conditional contract with a teacher for a 
scholastic year, as denned in Section 37-61-1, or a portion thereof, contingent 
upon (1) the person's graduation from an approved teacher education program 
before September 1 or the issuance of a proper license by the State Board of 
Education before October 15 for those individuals to be employed beginning 
with the first term of the scholastic year, or (2) the person's graduation from an 
approved teacher education program before December 31 or the issuance of a 
proper teacher licensed by the State Board of Education before February 15 for 
those individuals to be employed beginning with the second term of the 
scholastic year. If the individual who is to be employed beginning with the first 
term of the scholastic year does not graduate before September 1, or if the 
individual who is to be employed beginning with the second term of the 
scholastic year does not graduate before December 31, then any conditional 
contract executed contingent upon the person's graduation shall be null and 
void on September 1 or December 31, as the case may be. If the teacher who is 
to be employed beginning with the first term of the scholastic year fails to 
obtain a valid license before October 15, or if the teacher who is to be employed 
beginning with the second term of the scholastic year fails to obtain a valid 
license before February 15, then any conditional contract executed contingent 
upon the issuance of a proper license shall be null and void on October 15 or 
February 15, as the case may be. After a contract is declared null and void, the 
school district shall withhold from the employee's final salary payment, or 
shall take such legal action as may be necessary to collect from the employee, 
any amounts above the amount paid to substitute teachers in that district 
which were paid to the employee before the contract conditioned upon the 
person's graduation or being issued a proper license is voided. If the license 
held by any superintendent, principal or teacher expires during the life of any 
such contract and is not renewed, then such contract shall be null and void 
upon the expiration of such license which is not renewed. 

SOURCES: Codes, 1942, § 6282-03; Laws, 1953, Ex Sess, ch. 20, § 3; Laws, 1997, 
ch. 545, § 4; Laws, 1998, ch. 408, § 1, eff from and after passage (approved 
March 20, 1998). 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 
Powers and duties of the commission on teacher and administrator education, 
certification and development, see § 37-3-2. 



287 



§ 37-9-8 Education 

RESEARCH REFERENCES 

ALR. Revocation of teacher's certificate Am Jur. 68 Am. Jur. 2d, Schools § 136 

for moral unfitness. 97 A.L.R.2d 827. et seq. 

Use of illegal drugs as ground for dis- CJS. 78 C.J. S., Schools and School Dis- 
missal of teacher, or denial or cancellation tricts §§ 196 et seq. 
of teacher's certificate. 47 A.L.R.3d 754. 

§ 37-9-8. Repealed. 

Repealed by Laws, 1997, ch. 545, § 29, eff from and after passage 
(approved April 10, 1997). 

[Laws, 1991, ch. 502, § 2; 1993, ch. 602, § 1; 1995, ch. 448, § 2]. 

Editor's Note — Former § 37-9-8 provided certain academic requirements for 
teacher education programs. 

§ 37-9-9. Rules and regulations governing issuance of teach- 
ers' certificates; compensation of teachers serving special 
needs of district. 

No teacher shall experience a reduction in salary for the purpose of serving 
the special teaching needs of their public school district. All teachers teaching 
in areas of need as requested by their school district shall receive a salary in 
an amount commensurate with their highest level of certification and licen- 
sure. 

Each application or filing made under this section shall include the Social 
Security number(s) of the applicant in accordance with Section 93-11-64, 
Mississippi Code of 1972. 

SOURCES: Codes, 1942, § 6282-27; Laws, 1953, Ex Sess, ch. 20, § 27; Laws, 1992, 
ch. 445, § 1; Laws, 1994, ch. 581, § 15; Laws, 1997, ch. 545, § 5; Laws, 1997, 
ch. 588, § 16, eff from and after July 1, 1997. 

Joint Legislative Committee Note — Pursuant to Section 1-1-109, the Joint 
Legislative Committee on Compilation, Revision and Publication of Legislation cor- 
rected a typographical error in the second paragraph. The subsection number "(3)" that 
had appeared at the beginning of the paragraph was deleted (the section contained a 
(3), but not a (1) or (2)). The Joint Committee ratified the correction at its April 28, 1999 
meeting. 

Section 5 of ch. 545 Laws of 1997, amended this section, effective from and after 
passage (approved April 10, 1997). Section 16 of ch. 588, Laws of 1997, effective July 1, 
1997, also amended this section. As set out above, this section reflects the language of 
Section 16 of ch. 588, Laws of 1997, pursuant to Section 1-3-79 which provides that 
whenever the same section of law is amended by different bills during the same 
legislative session, the amendment with the latest effective date shall supersede all 
other amendments to the same section taking effect earlier. 

Cross References — Commission on teacher and administrator education, certifi- 
cation and development; membership; powers and duties, see § 37-3-2. 



288 



District Personnel § 37-9-12 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 136 CJS. 78 C. J.S., Schools and School Dis- 
et seq. tricts § 196. 

§ 37-9-11. Testing of applicants for teacher licensure. 

The State Board of Education is authorized and directed to require tests or 
an examination of achievement as one of the requirements for the issuance of 
public school professional licenses issued after July 1, 1997, to any person 
applying for the first time for a professional license. 

Scores on said test or tests shall be made a part of the record of the 
applicant and maintained in the files of the Office of Teacher Certification and 
Licensure Division of the State Department of Education. 

The State Board of Education is further authorized at its discretion to 
make determinations of minimum scores required of a person applying for the 
first time for a professional license. 

The State Board of Education shall, at its discretion, determine conditions 
that would prevail should a person desire to take said test or tests more than 
once. 

SOURCES: Codes, 1942, § 6244-31; Laws, 1971, ch. 357, § 1; Laws, 1997, ch. 545, 
§ 6, eff from and after passage (approved April 10, 1997). 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 
Powers and duties of the commission on teacher and administrator education, 
certification and development, see § 37-3-2. 

RESEARCH REFERENCES 

ALR. Validity and construction of stat- competency tests of schoolteachers. 64 
utes, ordinances, or regulations requiring A.L.R.4th 642. 

§ 37-9-12. Referendum on continuation or abolition of office 
of county superintendent of education. 

The qualified electors of any county having an elected county superinten- 
dent of education on July 1, 1986, shall decide at the November 1988 general 
election whether (a) to continue to have such office elected, or (b) to abolish 
such office of county superintendent of education in the county. Provided, 
however, that no such referendum shall be held on the office of administrative 
superintendent in a county having an administrative superintendent as 
defined in Section 37-6-3, Mississippi Code of 1972. The county board of 
supervisors of such counties shall publish notice of said election once a week for 
at least three (3) consecutive weeks prior to the November 1988 general 
election in at least one (1) newspaper published or circulated in such county. 
The proposition shall be submitted to a vote of all qualified electors residing 
outside the territory of any municipal separate or special municipal separate 
school district located within such county. Such election shall be held in the 

289 



§ 37-9-13 Education 

same manner as other elections are held in the county. If a majority of the 
qualified electors who voted in such election vote in favor of the abolition of 
such office, such abolishment shall be effective at the end of any regular term 
of office or whenever a vacancy shall occur in said office. In counties where the 
office of elected county superintendent of education has been abolished, it shall 
not be reinstated. 

SOURCES: Laws, 1986, ch. 492, § 203; Laws, 1987, ch. 307, § 6, eff from and 
after May 24, 1988 (the date the United States Attorney General interposed 
no objection to the amendment of this section). 

Cross References — County superintendent of education functions, election and 
term of office, see §§ 37-5-61 et seq. 

Abolition of office of county superintendent of education in certain counties, see 
§§ 37-5-69, 37-7-725. 

RESEARCH REFERENCES 

ALR. Application of requirement that 
newspaper be locally published for official 
notice publication. 85 A.L.R.4th 581. 

§ 37-9-13. Selection of superintendent of school district; 
qualifications of superintendent. 

Each school district shall have a superintendent of schools, selected in the 
manner provided by law. No person shall be eligible to the office of superin- 
tendent of schools unless such person shall hold a valid administrator's license 
issued by the State Department of Education and shall have had not less than 
four (4) years of classroom or administrative experience. 

SOURCES: Codes, 1942, § 6282-04; Laws, 1953, Ex Sess, ch. 20, § 4; Laws, 1960, 
ch. 300; Laws, 1981, ch. 499, § 3; Laws, 1986, ch. 492, § 60; Laws, 1987, ch. 
307, § 7; Laws, 1988, ch. 342, § 1; Laws, 1997, ch. 545, § 7, eff from and after 
passage (approved April 10, 1997). 

Cross References — State Department of Education generally, see §§ 37-3-1 et seq. 

Commission on teacher and administrator education, certification and licensure and 
development membership, powers and duties, see § 37-3-2. 

County superintendent of education to have qualifications prescribed by this section, 
see § 37-5-71. 

Abolition and discontinuance of office of county superintendent of education in 
certain counties where special municipal separate school district embraces entire 
county and devolution of his functions upon district superintendent, see § 37-7-725. 

Procedures designed to insure fair dismissal of school personnel, see §§ 37-9-101 to 
37-9-113. 

JUDICIAL DECISIONS 

1. In general. tion with regard to the selection of a 

Code 1942, § 6328-54 under which superintendent for a line consolidated 

county boards of education have discre- school district, was not amended by impli- 

290 



District Personnel § 37-9-14 

cation by Code 1942, § 6282-04, as of education retained discretion to ap- 

amended, under which county boards of prove or disapprove the nomination of a 

education have no discretion in the selec- superintendent of a line consolidated 

tion of superintendents for certain school school district. Belk v. Bean, 247 So. 2d 

districts, and therefore the county board 821 (Miss. 1971). 

RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 136 CJS. 78 C.J.S., Schools and School Dis- 
et seq.; 142 et seq. tricts §§ 215 et seq., 264 et seq. 

§ 37-9-14. General duties and powers of superintendent of 
school district. 

(1) It shall be the duty of the superintendent of schools to administer the 
schools within his district and to implement the decisions of the school board. 

(2) In addition to all other powers, authority and duties imposed or 
granted by law, the superintendent of schools shall have the following powers, 
authority and duties: 

(a) To enter into contracts in the manner provided by law with each 
assistant superintendent, principal and teacher of the public schools under 
his supervision, after such assistant superintendent, principal and teachers 
have been selected and approved in the manner provided by law. 

(b) To enforce in the public schools of the school district the courses of 
study provided by law or the rules and regulations of the State Board of 
Education, and to comply with the law with reference to the use and 
distribution of free textbooks. 

(c) To administer oaths in all cases to persons testifying before him 
relative to disputes relating to the schools submitted to him for determina- 
tion, and to take testimony in such cases as provided by law. 

(d) To examine the monthly and annual reports submitted to him by 
principals and teachers for the purpose of determining and verifying the 
accuracy thereof. 

(e) To preserve all reports of superintendents, principals, teachers and 
other school officers, and to deliver to his successor or clerk of the board of 
supervisors all money, property, books, effects and papers. 

(f) To prepare and keep in his office a map or maps showing the territory 
embraced in his school district, to furnish the county assessor with a copy of 
such map or maps, and to revise and correct same from time to time as 
changes in or alterations of school districts may necessitate. 

(g) To keep an accurate record of the names of all of the members of the 
school board showing the districts for which each was elected or appointed, 
the post office address of each, and the date of the expiration of his term of 
office. All official correspondence shall be addressed to the school board, and 
notice to such members shall be regarded as notice to the residents of the 
district, and it shall be the duty of the members to notify such residents. 

(h) To deliver in proper time to the assistant superintendents, princi- 
pals, teachers and board members such forms, records and other supplies 

291 



§ 37-9-14 Education 

which will be needed during the school year as provided by law or any 
applicable rules and regulations, and to give to such individuals such 
information with regard to their duties as may be required. 

(i) To make to the school board reports for each scholastic month in such 
form as the school board may require. 

(j) To distribute promptly all reports, letters, forms, circulars and 
instructions which he may receive for the use of school officials. 

(k) To keep on file and preserve in his office all appropriate information 
concerning the affairs of the school district. 

(I) To visit the schools of his school district in his discretion, and to 
require the assistant superintendents, principals and teachers thereof to 
perform their duties as prescribed by law. 

(m) To observe such instructions and regulations as the school board 
and other public officials may prescribe, and to make special reports to these 
officers whenever required. 

(n) To keep his office open for the transaction of business upon the days 
and during the hours to be designated by the school board. 

(o) To make such reports as are required by the State Board of 
Education. 

(p) To make an enumeration of educable children in his school district 
as prescribed by law. 

(q) To keep in his office and carefully preserve the public school record 
provided, to enter therein the proceedings of the school board and his 
decision upon cases and his other official acts, to record therein the data 
required from the monthly and term reports of principals and teachers, and 
from the summaries of records thus kept. 

(r) To delegate student disciplinary matters to appropriate school 
personnel. 

(s) To make assignments to the various schools in the district of all 
noninstructional and nonlicensed employees and all licensed employees, as 
provided in Sections 37-9-15 and 37-9-17, and to make reassignments of such 
employees from time to time; however, a reassignment of a licensed em- 
ployee may only be to an area in which the employee has a valid license 
issued by the State Department of Education. Upon request from any 
employee transferred, such assignment shall be subject to review by the 
school board. 

(t) To employ substitutes for licensed employees, regardless of whether 
or not such substitute holds the proper license, subject to such reasonable 
rules and regulations as may be adopted by the State Board of Education. 

(u) To comply in a timely manner with the compulsory education 
reporting requirements prescribed in Section 37-13-91(6). 

(v) To perform such other duties as may be required of him by law. 

(w) To notify, in writing, the parent, guardian or custodian, the youth 
court and local law enforcement of any expulsion of a student for criminal 
activity as defined in Section 37-11-29. 

(x) To notify the youth court and local law enforcement agencies, by 
affidavit, of the occurrence of any crime committed by a student or students 

292 



District Personnel § 37-9-14 

upon school property or during any school-related activity, regardless of 
location and the identity of the student or students committing the crime. 
(y) To employ and dismiss noninstructional and nonlicensed employees 
as provided by law. 

(3) All funds to the credit of a school district shall be paid out on pay 
certificates issued by the superintendent upon order of the school board of the 
school district properly entered upon the minutes thereof, and all such orders 
shall be supported by properly itemized invoices from the vendors covering the 
materials and supplies purchased. All such orders and the itemized invoices 
supporting same shall be filed as a public record in the office of the superin- 
tendent for a period of five (5) years. The superintendent shall be liable upon 
his official bond for the amount of any pay certificate issued in violation of the 
provisions of this section. The school board shall have the power and authority 
to direct and cause warrants to be issued against such district funds for the 
purpose of refunding any amount of taxes erroneously or illegally paid into 
such fund when such refund has been approved in the manner provided by law. 

(4) The superintendent of schools shall be special accounting officer and 
treasurer with respect to any and all district school funds for his school district. 
He or his designee shall issue all warrants without the necessity of registration 
thereof by the chancery clerk. Transactions with the depositories and with the 
various tax collecting agencies which involve school funds for such school 
district shall be with the superintendent of schools, or his designee. 

(5) The superintendent of schools will have no responsibility with regard 
to agricultural high school and junior college funds. 

All agricultural high school and junior college funds shall be handled and 
expended in the manner provided for in Sections 37-29-31 through 37-29-39. 

(6) It shall be the duty of the superintendent of schools to keep and 
preserve the minutes of the proceedings of the school board. 

(7) The superintendent of schools shall maintain as a record in his office 
a book or a computer printout in which he shall enter all demands, claims and 
accounts paid from any funds of the school district. The record shall be in a 
form to be prescribed by the State Auditor. All demands, claims and accounts 
filed shall be preserved by the superintendent of schools as a public record for 
a period of five (5) years. All claims found by the school board to be illegal shall 
be rejected or disallowed. To the extent allowed by board policy, all claims 
which are found to be legal and proper may be paid and then ratified by the 
school board at the next regularly scheduled board meeting, as paid by the 
superintendent of schools. All claims as to which a continuance is requested by 
the claimant and those found to be defective but which may be perfected by 
amendment shall be continued. The superintendent of schools shall issue a pay 
certificate against any legal and proper fund of the school district in favor of 
the claimant in payment of claims. The provisions of this section, however, 
shall not be applicable to the payment of salaries and applicable benefits, 
travel advances, amounts due private contractors or other obligations where 
the amount thereof has been previously approved by a contract or by an order 
of the school board entered upon its minutes, or paid by board policy, or by 

293 



§ 37-9-14 Education 

inclusion in the current fiscal year budget, and all such amounts may be paid 
by the superintendent of schools by pay certificates issued by him against the 
legal and proper fund without allowance of a specific claim therefor as provided 
in this section, provided that the payment thereof is otherwise in conformity 
with law. 

SOURCES: Laws, 1986, ch. 492, § 61; Laws, 1987, ch. 307, § 8; Laws, 1991, ch. 
539, § 1; Laws, 1994, ch. 636, § 1; Laws, 1994, ch. 607, § 13; Laws, 1995, ch. 
426, § 1; Laws, 1999, ch. 358, § 1; Laws, 2005, ch. 394, § 2, eff from and after 
July 1, 2005. 

Editor's Note — Section 7-7-2 provides that the words "State Auditor of Public 
Accounts," "State Auditor" and "Auditor" appearing in the laws of this state in 
connection with the performance of Auditor's functions shall mean the State Fiscal 
Officer whenever they appear. 

Section 27-104-6 provides that wherever the term "State Fiscal Officer" appears in 
any law it shall mean "Executive Director of the Department of Finance and Adminis- 
tration". 

Paragraph (w) of subsection (2) of this section contained an incorrect reference to 
"Section 37-11-92." The reference was changed to "Section 37-11-29" at the direction of 
the co-counsel for the Joint Legislative Committee on Compilation, Revision and 
Publication of Legislation. 

Amendment Notes — The 2005 amendment rewrote (7) to authorize local school 
boards to adopt rules allowing the school superintendent to pay school district claims to 
be ratified by the board at the next regular meeting. 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 

State Department of Education generally, see §§ 37-3-1 et seq. 

Powers and duties of superintendent of school district to select assistant superinten- 
dents and principals, see § 37-9-15. 

Textbooks generally, see §§ 37-43-1 et seq. 

Youth court generally, see §§ 43-21-101 et seq. 

JUDICIAL DECISIONS 

1. In general. is less pay or less responsibility in the new 

"Nonrenewal" is not defined in Miss, position, whether it requires less skill, or 

Code Ann. § 37-9-17, and there is no basis is otherwise a diminishment of position 

from which to infer that the mere chang- are factors to consider. Bd. of Educ. v. 

ing of terms in the contract is in and of Fisher, 874 So. 2d 1019 (Miss. Ct. App. 

itself a nonrenewal. However, whether the 2004). 
teacher incurs a demotion, whether there 

ATTORNEY GENERAL OPINIONS 

Reassignment of certificated employees school board pursuant to Sections 37-9-14 

is not subject to approval by school board, (7) and 37-7-301(o). Hand, February 1, 

but such assignments are subject to school 1995, A.G. Op. #95-0008. 

board review if certificated employee re- The school board must be allowed to 

quests review; inherent in board's author- reject or approve all claims before pay 

ity to make such review is authority to certificates are issued by the superinten- 

overrule assignment. Bishop, Dec. 9, dent of education; however, pay certifi- 

1992, A.G. Op. #92-0935. cates may be issued by the superintendent 

Travel expenses of non-school board without prior approval of the school board 

personnel requires the approval of the on the payment of specific claims in accor- 

294 



District Personnel § 37-9-15 

dance with the exceptions set out in sub- Sections 37-9-14 and 37-11-29. Preston, 
section (7) of this section. Henderson, Dec. Apr. 11, 2003, A.G. Op. 03-0154. 
6, 2002, A.G. Op. #02-0658. When a superintendent has a reason- 
All claims that do not fall within the able belief that an unlawful act has oc- 
purview of the exceptions provided in sub- curred on educational property or during 
section (7) of this section are to be pre- a school related activity, a report must be 
sented to the school board for payment or made to local law enforcement at once and 
rejection. Adams, Apr. 4, 2003, A.G. Op. without delay. Preston, Apr. 11, 2003, A.G. 
03-0088. Op. 03-0154. 

A local school board has the authority to Subject to any lawfully adopted policies 

establish policies and procedures regard- or preexisting contractual obligations, a 

ing Sections 37-9-14 and 37-11-29; how- school board in its discretion may reassign 

ever, these policies and procedures may a nonlicensed employee to a position with 

not be in conflict with the requirements of lesser duties and responsibilities and may 

these two statutes. Preston, Apr. 11, 2003, also reduce the salary of the employee. 

A.G. Op. 03-0154. Smith, Mar. 19, 2004, A.G. Op. 04-0114. 

An arrest is not a prerequisite to mak- There is no specific statutory authority 

ing an immediate report to local law en- for a school board to dismiss non-licensed 

forcement. Preston, Apr. 11, 2003, A.G. employees on its own initiative. That au- 

Op. 03-0154. thority has been granted specifically to 

The reporting of unlawful activity to a the superintendent in subdivision (2)(y) of 

district employed law enforcement officer this section. Rhodes, Nov. 5, 2004, A.G. 

does not meet the reporting criteria for Op. 04-0509. 

§ 37-9-15. Selection of assistant superintendents and princi- 
pals; interim conservators. 

No later than February 15 of each year, the superintendent of each school 
district, or such other person designated or authorized by the school board, 
shall recommend to the school board thereof the assistant superintendents and 
principals to be employed for each of the schools of the districts except in the 
case of those assistant superintendents and principals who have been previ- 
ously employed and who have a contract valid for the ensuing scholastic year. 
Unless good reason to the contrary exists, the school board shall approve and 
authorize the employment of the assistant superintendents and principals so 
recommended. If, for any reason, the school board shall decline to approve an 
assistant superintendent or principal so recommended, the superintendent or 
the board's designee shall make additional recommendations for the place or 
places to be filled. 

When the assistant superintendents and principals of the schools have 
been recommended and approved as provided in the preceding paragraph, the 
superintendent of such district shall enter into proper contracts with them. At 
a subsequent meeting he shall report same to the school board and such shall 
be entered in the minutes. 

An interim conservator appointed pursuant to the provisions of Section 
37-17-6(14)(a) shall not be required to comply with the time limitations 
prescribed in this section for recommending and employing assistant superin- 
tendents and principals. 



295 



§ 37-9-15 



Education 



SOURCES: Codes, 1942, §§ 6282-05, 6282-06; Laws, 1953, Ex Sess, ch. 20, §§ 5, 6; 
Laws, 1960, ch. 300, § 2; Laws, 1976, ch. 349; Laws, 1981, ch. 499, § 4; Laws, 
1986, ch. 492, § 67; Laws, 1993, ch. 562, § 4; Laws, 1996, ch. 302, § 3, eff from 
and after passage approved (March 4, 1996). 

Cross References — Powers and duties of superintendent of school district to select 
assistant superintendents, supervisors and principals, see § 37-9-14. 

Local school board not required to comply with the time limits prescribed in this 
section when considering a reduction in personnel or in local supplements, see 
§ 37-9-18. 

Procedures designed to insure fair dismissal of school personnel, see §§ 37-9-101 
through 37-9-113. 

Written notice of determination not to offer employee renewal contract, see § 37-9- 
105. 

Authority of State Board of Education as to school districts declared to be in a state 
of emergency, generally, see § 37-17-6. 

JUDICIAL DECISIONS 



1. In general. 

2. "Recommended". 

3. Power of county board of education. 

4. Miscellaneous. 

1. In general. 

Miss. Code § 37-9-15 and Mississippi 
School Employment Procedures Law 
(§§ 37-9-101 et seq.) do not create in and 
of themselves protectible property inter- 
est in public school employment; § 37- 
9-15 does not create entitlement in non- 
tenured teacher to reemployment unless 
good cause is shown by district for not 
accepting superintendent's recommenda- 
tion of tenure, and any reason may be 
basis for district declining to approve re- 
employment of particular person. Housley 
v. North Panola Consol. Sch. Dist., 656 F. 
Supp. 1087 (N.D. Miss. 1987). 

2. "Recommended". 

The word "recommend" as used in this 
section [Code 1942, § 6282-05] contem- 
plates that the county superintendent will 
make his recommendation in writing and 
submit to the county board the results of 
an investigation into the qualifications of 
his nominee. Lott v. State ex rel. Kelly, 239 
Miss. 96, 121 So. 2d 402 (1960). 

3. Power of county board of educa- 

tion. 

Financial adviser found that elimina- 
tion of personnel and positions was re- 
quired as part of the remedy for the school 
district's deficit. The school district had 



the authority to alter the offer of renewed 
employment that had already been made 
to the assistant principal even after the 
deadline that would usually apply to 
school employee contract renewal. McK- 
night v. Mound Bayou Pub. Sch. Dist., 879 
So. 2d 493 (Miss. Ct. App. 2004). 

Under mandatory requirement that a 
school board notify an employee of its 
decision within seven days after the com- 
pletion of a hearing, a school board with- 
out power to rescind an order reemploying 
a principal more than seven days follow- 
ing the date of the hearing; although the 
superintendent had the exclusive right to 
recommend a principal for employment, 
this right was subject to the power of the 
school board to conduct a hearing when a 
principal was not recommended and to 
order his reemployment; however, the 
burden of going forward rested with the 
employee. Lamar County Sch. Bd. v. Saul, 
359 So. 2d 350 (Miss. 1978). 

While a county board of education may 
for good cause decline to employ as prin- 
cipal one recommended by the county su- 
perintendent of education, it may not ap- 
point a principal without the 
superintendent's recommendation. Lott v. 
State ex rel. Kelly, 239 Miss. 96, 121 So. 
2d 402 (1960). 

Unless good cause exists for the county 
board's refusal to appoint as principal one 
recommended by the county superinten- 
dent of education, the board must make 
the appointment without regard to the 



296 



District Personnel 



§ 37-9-17 



individual preferences of the majority of 
its members. Lott v. State ex rel. Kelly, 
239 Miss. 96, 121 So. 2d 402 (1960). 

4. Miscellaneous. 

Statute [Miss. Code Ann. § 37-9-105] 
setting March 1 as absolute final date 
when nonrenewal notice can be given to a 
principal applied to termination of high 
school principal, rather than statute 
[Miss. Code Ann. § 37-9-15] stating that 
no later than February 15, recommenda- 
tion should be made to school board of 
principals to be employed for each of the 



schools of the districts. Ford v. Holly 
Springs Sch. Dist., 665 So. 2d 840 (Miss. 
1995). 

District court judgment for defendants 
in suit by principal of public school alleg- 
ing that he was discharged for constitu- 
tionally impermissible reasons was af- 
firmed on the ground that the findings of 
the district court were not clearly errone- 
ous and the facts did not support plain- 
tiff's claim. Callahan v. Price, 505 F.2d 83 
(5th Cir. 1974), reh'g denied, 513 F.2d 51 
(5th Cir. 1975), cert, denied, 423 U.S. 927, 
96 S. Ct. 273, 46 L. Ed. 2d 254 (1975). 



ATTORNEY GENERAL OPINIONS 



In regard to personnel matters, Sections 
37-9-3, 37-7-301(w), 37-9-15, 37-9-17, 37- 
9-105 and 37-9-59, with the exception of 
the step-aside provisions of 37-9-17, re- 
quire the recommendation of the superin- 
tendent before the board may act upon the 
employment of non-instructional employ- 
ees and certificated employees. Hand, 
February 1, 1995, A.G. Op. #95-0008. 

A school board is allowed by § 37-9-15 
to designate a person other than the su- 
perintendent to recommend employment 
of persons as principals and assistant su- 



perintendents. Brown, Sept. 20, 2002, 
A.G. Op. #02-0418. 

A school superintendent may not reas- 
sign a teacher to the Title I coordinator 
position without school board approval. 
Furthermore, school board approval is re- 
quired before the superintendent's or 
other designated person's recommenda- 
tion for the Title I coordinator may be 
employed pursuant to this section. 
Dearman, Feb. 13, 2004, A.G. Op. 04- 
0300. 



RESEARCH REFERENCES 

Am Jur. 68 Am. Jur. 2d, Schools §§ 136 Law Reviews. 1978 Mississippi Su- 
et seq.; 142 et seq. preme Court Review: Administrative Law. 

CJS. 78 C.J.S., Schools and School Dis- 50 Miss. L. J. 11, March 1979. 
tricts §§ 209 et seq. 

§ 37-9-16. Repealed. 

Repealed by its own terms by Laws, 1987, ch. 307, § 9, efffrom and after 
January 1, 1992. 

[Laws, 1986, ch. 492, § 62; 1987, ch. 307, § 9] 

Editor's Note — Former § 37-9-16 related to the general powers and duties of the 
county administrative superintendent of education. 

§ 37-9-17. Selection of licensed employees or non-instruc- 
tional employees to be employed for school year; increase in 
compensation of certain licensed employees; fingerprinting 
and criminal background checks for applicants. 

(1) On or before April 1 of each year, the principal of each school shall 



297 



§ 37-9-17 Education 

recommend to the superintendent of the local school district the licensed 
employees or noninstructional employees to be employed for the school 
involved except those licensed employees or noninstructional employees who 
have been previously employed and who have a contract valid for the ensuing 
scholastic year. If such recommendations meet with the approval of the 
superintendent, the superintendent shall recommend the employment of such 
licensed employees or noninstructional employees to the local school board, 
and, unless good reason to the contrary exists, the board shall elect the 
employees so recommended. If, for any reason, the local school board shall 
decline to elect any employee so recommended, additional recommendations 
for the places to be filled shall be made by the principal to the superintendent 
and then by the superintendent to the local school board as provided above. 
The school board of any local school district shall be authorized to designate a 
personnel supervisor or another principal employed by the school district to 
recommend to the superintendent licensed employees or noninstructional 
employees; however, this authorization shall be restricted to no more than two 
(2) positions for each employment period for each school in the local school 
district. Any noninstructional employee employed upon the recommendation of 
a personnel supervisor or another principal employed by the local school 
district must have been employed by the local school district at the time the 
superintendent was elected or appointed to office; a noninstructional employee 
employed under this authorization may not be paid compensation in excess of 
the statewide average compensation for such noninstructional position with 
comparable experience, as established by the State Department of Education. 
The school board of any local school district shall be authorized to designate a 
personnel supervisor or another principal employed by the school district to 
accept the recommendations of principals or their designees for licensed 
employees or noninstructional employees and to transmit approved recommen- 
dations to the local school board; however, this authorization shall be restricted 
to no more than two (2) positions for each employment period for each school 
in the local school district. 

When the licensed employees have been elected as provided in the 
preceding paragraph, the superintendent of the district shall enter into a 
contract with such persons in the manner provided in this chapter. 

If, at the commencement of the scholastic year, any licensed employee 
shall present to the superintendent a license of a higher grade than that 
specified in such individual's contract, such individual may, if funds are 
available from adequate education program funds of the district, or from 
district funds, be paid from such funds the amount to which such higher grade 
license would have entitled the individual, had the license been held at the 
time the contract was executed. 

(2) Superintendents/directors of schools under the purview of the State 
Board of Education, the superintendent of the local school district and any 
private firm under contract with the local public school district to provide 
substitute teachers to teach during the absence of a regularly employed 
schoolteacher shall require, through the appropriate governmental authority, 

298 



District Personnel § 37-9-17 

that current criminal records background checks and current child abuse 
registry checks are obtained, and that such criminal record information and 
registry checks are on file for any new hires applying for employment as a 
licensed or nonlicensed employee at a school and not previously employed in 
such school under the purview of the State Board of Education or at such local 
school district prior to July 1, 2000. In order to determine the applicant's 
suitability for employment, the applicant shall be fingerprinted. If no disqual- 
ifying record is identified at the state level, the fingerprints shall be forwarded 
by the Department of Public Safety to the Federal Bureau of Investigation for 
a national criminal history record check. The fee for such fingerprinting and 
criminal history record check shall be paid by the applicant, not to exceed Fifty 
Dollars ($50.00); however, the State Board of Education, the school board of the 
local school district or a private firm under contract with a local school district 
to provide substitute teachers to teach during the temporary absence of the 
regularly employed schoolteacher, in its discretion, may elect to pay the fee for 
the fingerprinting and criminal history record check on behalf of any applicant. 
Under no circumstances shall a member of the State Board of Education, 
superintendent/director of schools under the purview of the State Board of 
Education, local school district superintendent, local school board member or 
any individual other than the subject of the criminal history record checks 
disseminate information received through any such checks except insofar as 
required to fulfill the purposes of this section. Any nonpublic school which is 
accredited or approved by the State Board of Education may avail itself of the 
procedures provided for herein and shall be responsible for the same fee 
charged in the case of local public schools of this state. The determination 
whether the applicant has a disqualifying crime, as set forth in subsection (3) 
of this section, shall be made by the appropriate governmental authority, and 
the appropriate governmental authority shall notify the private firm whether 
a disqualifying crime exists. 

(3) If such fingerprinting or criminal record checks disclose a felony 
conviction, guilty plea or plea of nolo contendere to a felony of possession or 
sale of drugs, murder, manslaughter, armed robbery, rape, sexual battery, sex 
offense listed in Section 45-33-23(g), child abuse, arson, grand larceny, bur- 
glary, gratification of lust or aggravated assault which has not been reversed 
on appeal or for which a pardon has not been granted, the new hire shall not 
be eligible to be employed at such school. Any employment contract for a new 
hire executed by the superintendent of the local school district or any 
employment of a new hire by a superintendent/director of a new school under 
the purview of the State Board of Education or by a private firm shall be 
voidable if the new hire receives a disqualifying criminal record check. 
However, the State Board of Education or the school board may, in its 
discretion, allow any applicant aggrieved by the employment decision under 
this section to appear before the respective board, or before a hearing officer 
designated for such purpose, to show mitigating circumstances which may 
exist and allow the new hire to be employed at the school. The State Board of 
Education or local school board may grant waivers for such mitigating 

299 



§ 37-9-17 Education 

circumstances, which shall include, but not be limited to: (a) age at which the 
crime was committed; (b) circumstances surrounding the crime; (c) length of 
time since the conviction and criminal history since the conviction; (d) work 
history; (e) current employment and character references; (f) other evidence 
demonstrating the ability of the person to perform the employment responsi- 
bilities competently and that theperson does not pose a threat to the health or 
safety of the children at the school. 

(4) No local school district, local school district employee, member of the 
State Board of Education or employee of a school under the purview of the 
State Board of Education shall be held liable in any employment discrimina- 
tion suit in which an allegation of discrimination is made regarding an 
employment decision authorized under this Section 37-9-17. 

SOURCES: Codes, 1942, §§ 6282-07, 6282-08, 6282-09; Laws, 1953, Ex Sess, ch. 
20, §§ 7-9; Laws, 1960, ch. 300, § 3; Laws, 1981, ch. 499, § 5; Laws, 1986, ch. 
492, § 68; Laws, 1989, ch. 491, § 1; Laws, 1997, ch. 545, § 8; Laws, 1998, ch. 
408, § 2; Laws, 2000, ch. 486, § 1; Laws, 2000, ch. 587, § 1; Laws, 2001, ch. 
500, § 12; Laws, 2002, ch. 583, § 1; Laws, 2003, ch. 546, § 7; Laws, 2004, ch. 
550, § 1; Laws, 2005, ch. 538, § 1, eff from and after July 1, 2005. 

Joint Legislative Committee Note — Section 1 of ch. 486, Laws of 2000, effective 
from and after its passage (approved April 25, 2000), amended this section. Section 1 of 
ch. 587, Laws of 2000, effective from and after July 1, 2000, also amended this section. 
As set out above, this section reflects the language of Section 1 of ch. 587, Laws of 2000, 
pursuant to Section 1-3-79 which provides that whenever the same section of law is 
amended by different bills during the same legislative session, the amendment with the 
latest effective date shall supersede all other amendments to the same section taking 
effect earlier. 

Amendment Notes — The 2005 rewrote (2) to provide that when a private firm is 
under contract with a local public school district to provide substitute teachers, the 
private firm shall request local law enforcement to submit the substitute teachers' 
fingerprint cards for a criminal history record. 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 

State Department of Education generally, see §§ 37-3-1 et seq. 

Powers and duties of superintendent of school district to select teachers, see 
§ 37-9-14. 

Procedures designed to insure fair dismissal of school personnel, see §§ 37-9-101 to 
37-9-113. 

Written notice of determination not to offer employee renewal contract, see § 37-9- 
105. 

Code of student conduct, see § 37-11-55. 

JUDICIAL DECISIONS 

1. In general. 1. In general. 

2. Procedures related to hiring. A teacher in Mississippi has no vested 

3. Procedures related to termination. right to a contract of employment but may 

4. Tenure and reemployment. not be refused employment because of 

5. Particular grounds for employment race or because of a properly exercised 

action. constitutional right. Jennings v. Meridian 

6. Injunctive relief. Mun. Separate Sch. Dist., 337 F. Supp. 

300 



District Personnel 



§ 37-9-17 



567 (S.D. Miss. 1970), aff'd, 453 F.2d 413 
(5th Cir. 1971). 

2. Procedures related to hiring. 

Plaintiff who was never recommended 
to the school board by the superintendent 
and not hired by the board pursuant to 
any recommendation has no enforceable 
rights against the school board for its 
refusal to honor an employment contract 
the plaintiff signed as career awareness 
counselor, since the instrument which was 
tendered by the superintendent never rip- 
ened into an enforceable contract without 
board approval. Jones v. Birdsong, 530 F. 
Supp. 221 (N.D. Miss. 1980), aff'd, 679 
F.2d 24 (5th Cir. 1982), reh'g denied, 683 
F.2d 417 (5th Cir. 1982), cert, denied, 459 
U.S. 1202, 103 S. Ct. 1186, 75 L. Ed. 2d 
433 (1983). 

Where the county superintendent of ed- 
ucation did not recommend a teacher for 
reemployment during coming school year, 
the board of education was without au- 
thority to employ her, and it was not a 
proper party to an action by a teacher 
seeking injunctive relief requiring her em- 
ployment. Henry v. Coahoma County Bd. 
of Educ, 246 F. Supp. 517 (N.D. Miss. 
1963), aff'd, 353 F.2d 648 (5th Cir. 1965), 
cert, denied, 384 U.S. 962, 86 S. Ct. 1586, 
16 L. Ed. 2d 674 (1966). 

Failure of the minutes of the county 
board of education to show that a motion 
made and seconded, authorizing the 
county superintendent to enter into a con- 
tract with many persons, among them the 
petitioner, at stated salaries, as teachers 
in the public schools, was approved con- 
stituted a clerical error so that its omis- 
sion was insufficient to deprive the county 
board's order of its undisputed purpose, 
and petitioner, who subsequently signed 
an employment contract with the county 
superintendent, which stated that the pe- 
titioner had been duly selected according 
to law, had a valid contract of employ- 
ment. Cheatham v. Smith, 229 Miss. 803, 
92 So. 2d 203 (1957). 

3. Procedures related to termination. 

The notice provisions of Code § 37-9-17 
and § 37-9-105, relating to termination of 
teaching services, are mandatory; hence, 
the trial court erred in dismissing an 
injunction suit to prevent termination of 



teaching services, where the superinten- 
dent of the school district failed to tender 
notice of termination to the teacher within 
seven days of April 1, 1976. McDonald v. 
East Jasper County Sch. Dist., 351 So. 2d 
531 (Miss. 1977). 

4. Tenure and reemployment. 

"Nonrenewal" is not denned in Miss. 
Code Ann. § 37-9-17, and there is no basis 
from which to infer that the mere chang- 
ing of terms in the contract is in and of 
itself a nonrenewal. However, whether the 
teacher incurs a demotion, whether there 
is less pay or less responsibility in the new 
position, whether it requires less skill, or 
is otherwise a diminishment of position 
are factors to consider. Bd. of Educ. v. 
Fisher, 874 So. 2d 1019 (Miss. Ct. App. 
2004). 

Where teacher sued the school board 
over nonrenewal of an earlier contract 
without the required notice, the issue was 
whether the new contract was sufficiently 
different from the teacher's previous con- 
tract to constitute a nonrenewal. Fact 
issues as to the relative status of the two 
positions and whether the difference in 
pay was solely the result of the different 
number of days legitimately required re- 
mained unresolved; the ultimate consider- 
ation in determining whether there was a 
demotion centered not just on pay, but on 
responsibility, or other relevant factors, 
such as whether one of the positions was a 
lesser one, so that, because fact questions 
remained relating to whether the teacher 
had sustained a true demotion without 
the required statutory notice, summary 
judgment for the school board was im- 
proper. Bd. of Educ. v. Fisher, 874 So. 2d 
1019 (Miss. Ct. App. 2004). 

Teachers working under contracts exe- 
cuted pursuant to the provisions of this 
section [Code 1942, § 6282-07] do not ac- 
cumulate tenure and thus the fact that a 
teacher had a contract with a school for 9 
years was not determinative of his right to 
a contract in the school system. Jennings 
v. Meridian Mun. Separate Sch. Dist., 337 
F. Supp. 567 (S.D. Miss. 1970), aff'd, 453 
F.2d 413 (5th Cir. 1971). 

Where by law teachers' contracts of em- 
ployment were made only for a term of one 
year, and reemployment was conditioned 
entirely upon the recommendation of the 



301 



§ 37-9-17 



Education 



county superintendent of education, the 
fact that a teacher had been previously 
employed for one year, or more than one 
year, gave her no right to employment 
during a succeeding school year. Henry v. 
Coahoma County Bd. of Educ, 246 F. 
Supp. 517 (N.D. Miss. 1963), aff'd, 353 
F.2d 648 (5th Cir. 1965), cert, denied, 384 
U.S. 962, 86 S. Ct. 1586, 16 L. Ed. 2d 674 
(1966). 

5. Particular grounds for employ- 
ment action. 

School board policy prohibiting the hir- 
ing of any teacher whose own children did 
not attend the public schools did not vio- 
late teachers' First Amendment right to 
freedom of association or Fourteenth 
Amendment rights to due process and 
equal protection. Cook v. Hudson, 511 F.2d 
744 (5th Cir. 1975), reh'g denied, 515 F.2d 
762 (5th Cir. 1975), cert, dismissed, 429 
U.S. 165, 97 S. Ct. 543, 50 L. Ed. 2d 373 
(1976). 

The superintendent's refusal to approve 
employment of a teacher because of her 
husband's controversial activities violated 
her right of free association guaranteed by 
the First and Fourteenth Amendments, 
and the school board could not remain 
silent and ignore the issue simply because 
the superintendent had not recommended 
the teacher for employment, but had a 
duty to investigate the charge and to right 
the wrong inflicted upon the teacher. 



Randle v. Indianola Mun. Separate Sch. 
Dist., 373 F. Supp. 766 (N.D. Miss. 1974). 
A Negro teacher seeking injunctive re- 
lief to establish her right to reemployment 
and alleging that the refusal of the super- 
intendent and board of education to reem- 
ploy her was that her views and activities 
on behalf of the civil rights movement 
were contrary to the policies and views of 
the defendants, thereby denying her 
rights under the Fifth and Fourteenth 
Amendments to the United States Consti- 
tution, had the burden of establishing her 
case by preponderance of the evidence, 
and where it was uncontradicted that 
such activities on her part had nothing to 
do with the fact that she was not reem- 
ployed, judgment was entered for defen- 
dants. Henry v. Coahoma County Bd. of 
Educ, 246 F. Supp. 517 (N.D. Miss. 1963), 
aff'd, 353 F.2d 648 (5th Cir. 1965), cert, 
denied, 384 U.S. 962, 86 S. Ct. 1586, 16 L. 
Ed. 2d 674 (1966). 

6. Injunctive relief. 

County superintendent of education's 
failure for good cause, unconnected with 
civil rights activities of Negro teacher and 
her husband, to recommend her for reem- 
ployment afforded no basis for her action 
for injunctive relief seeking reinstate- 
ment. Henry v. Coahoma County Bd. of 
Educ, 246 F. Supp. 517 (N.D. Miss. 1963), 
aff'd, 353 F.2d 648 (5th Cir. 1965), cert, 
denied, 384 U.S. 962, 86 S. Ct. 1586, 16 L. 
Ed. 2d 674 (1966). 



ATTORNEY GENERAL OPINIONS 



School board may adopt rule and policy 
to prohibit principal from employing or 
recommending spouse, including spouse 
who teaches, in school in which the other 
spouse serves as principal. Farese, May 
17, 1991, A.G. Op. #91-0314. 

In regard to personnel matters, Sections 
37-9-3, 37-7-301(w), 37-9-15, 37-9-17, 37- 
9-105 and 37-9-59, with the exception of 
the step-aside provisions of 37-9-17, re- 
quire the recommendation of the superin- 
tendent before the board may act upon the 
employment of non-instructional employ- 
ees and certificated employees. Hand, 
February 1, 1995, A.G. Op. #95-0008. 

By refusing to bring the recommenda- 
tion to a vote, the board has "declined to 



elect" the employee within the meaning of 
the statute. Lowrey, July 31, 1998, A.G. 
Op. #98-0441. 

There is no authority for a school board 
to both recommend and employ teachers; 
in addition, only in the limited circum- 
stances of a potential conflict of interest 
may a school board consider designating 
other school officials to make, accept, or 
transmit these employment recommenda- 
tions to the board. Lowrey, July 31, 1998, 
A.G. Op. #98-0441. 

The statute does not allow a school 
district to require a criminal record back- 
ground check and/or fingerprint check of 
non-employees on campus, i.e., a person 
employed and paid by another entity but 



302 



District Personnel 



§ 37-9-18 



working with students on campus. Tutor, 
Mar. 20, 2001, A.G. Op. #01-0688. 

A business manager for a school district 
does not fall under the purview of the 
statute as the statute pertains to employ- 
ees of schools, not to employees of the 
main office of the school district. Varas, 
Apr. 12, 2002, A.G. Op. #02-0137. 

A school board is allowed by § 37-9-17 
to appoint someone other than the super- 
intendent to accept and bring recommen- 
dations to the board for two positions, be it 
a licensed employee or a noninstructional 
employee, for each school in each employ- 
ment period. Brown, Sept. 20, 2002, A.G. 
Op. #02-0418. 



A new hire may begin performance of 
work assignments as required by the 
school district and continue the perfor- 
mance of these duties until such time that 
the new hire receives a disqualifying fin- 
gerprint or criminal record check. At such 
time, the local school board may declare 
the employment contract void. Buck, Mar. 
26, 2004, A.G. Op. 04-0096. 

There is no specific statutory authority 
for a school board to dismiss non-licensed 
employees on its own initiative. That au- 
thority has been granted specifically to 
the superintendent in § 37-9-14 (2)(y). 
Rhodes, Nov. 5, 2004, A.G. Op. 04-0509. 



RESEARCH REFERENCES 



ALR. Validity, construction, and effect 
of municipal residency requirements for 
teachers, principals, and other school em- 
ployees. 75 A.L.R.4th 272. 

Am Jur. 68 Am. Jur. 2d, Schools §§ 136 
et seq.; 142 et seq. 

22 Am. Jur. PI & Pr Forms (Rev), 
Schools, Forms 141 et seq. 



CJS. 78 C.J.S., Schools and School Dis- 
tricts §§ 209 et seq. 

Law Reviews. 1978 Mississippi Su- 
preme Court Review: Administrative Law. 
50 Miss. L. J. 11, March 1979. 



§ 37-9-18. Superintendent of schools to furnish school board 
with financial statement of receipts and disbursements; 
investigations and audits; contracts; review of audit report. 

(1) The superintendent of schools shall furnish to the school board a 
financial statement of receipts and disbursements, by funds, on or before the 
last working day of the following month covering the prior month. The school 
board shall be authorized to investigate and audit all financial records of the 
superintendent of schools at any and all times. 

(2) The State Auditor, in his discretion, shall audit the financial records of 
school districts. The State Auditor shall give reasonable notice to school 
districts regarding the times during which he will perform such audits. In any 
fiscal year in which the State Auditor is not scheduled to perform an audit, the 
school board shall cause all the financial records of the superintendent of 
schools to be audited by a certified public accountant licensed to practice 
accounting in the State of Mississippi. If the school board so elects by 
resolution adopted each year, the audit shall be performed by the State 
Auditor. Contracts for the audit of public school districts shall be let by the 
school board in the manner prescribed by the State Auditor. The audit shall be 
conducted in accordance with generally accepted auditing standards and 
generally accepted accounting principles, and the report presented thereon 
shall be in accordance with generally accepted accounting principles. If the 
Auditor's opinion on the general purpose financial statements is a disclaimer, 



303 



§ 37-9-18 Education 

as that term is defined by generally accepted auditing standards, or if the State 
Auditor determines the existence of serious financial conditions in the district, 
the State Auditor shall immediately notify the State Board of Education. Upon 
receiving the notice, the State Superintendent of Public Education shall direct 
the school district to immediately cease all expenditures until a financial 
advisor is appointed by the state superintendent. However, if the disclaimer is 
a result of conditions caused by Hurricane Katrina 2005 and applies to fiscal 
years 2005 and/or 2006, then the Superintendent of Education may appoint a 
financial advisor, and may direct the school district to immediately cease all 
expenditures until a financial advisor is appointed. The financial advisor shall 
be an agent of the State Board of Education and shall be a certified public 
accountant or a qualified business officer. The financial advisor shall,with the 
approval of the State Board of Education: 

(a) Approve or disapprove all expenditures and all financial obligations 
of the district; 

(b) Ensure compliance with any statutes and State Board of Education 
rules or regulations concerning expenditures by school districts; 

(c) Review salaries and the number of all district personnel and make 
recommendations to the local school board of any needed adjustments. 
Should such recommendations necessitate the reduction in local salary 
supplement, such recommended reductions shall be only to the extent which 
will result in the salaries being comparable to districts similarly situated, as 
determined by the State Board of Education. The local school board, in 
considering either a reduction in personnel or a reduction in local supple- 
ments, shall not be required to comply with the time limitations prescribed 
in Sections 37-9-15 and 37-9-105 and, further, shall not be required to 
comply with Sections 37-19-11 and 37-19-7(1) in regard to reducing local 
supplements and the number of personnel; 

(d) Work with the school district's business office to correct all inappro- 
priate accounting procedures and/or uses of school district funds and to 
prepare the school district's budget for the next fiscal year; and 

(e) Report frequently to the State Board of Education on the corrective 
actions being taken and the progress being made in the school district. The 
financial advisor shall serve until such time as corrective action and 
progress is being made in such school district as determined by the State 
Board of Education with the concurrence of the State Auditor, or until such 
time as an interim conservator is assigned to such district by the State Board 
of Education under Section 37-17-6. The school district shall be responsible 
for all expenses associated with the use of the financial advisor. If the audit 
report reflects a failure by the school district to meet accreditation stan- 
dards, the State Board of Education shall proceed under Section 37-17-6. 

(3)(a) When conducting an audit of a public school district, the Auditor 
shall test to insure that the school district is complying with the require- 
ments of Section 37-61-33(3)(a)(iii) relating to classroom supply funds. The 
audit must include a report of all classroom supply funds carried over from 
previous years. Based upon the audit report, the State Auditor shall compile 

304 



District Personnel § 37-9-18 

a report on the compliance or noncompliance by all school districts with the 
requirements of Section 37-61-33(3)(a)(iii), which report must be submitted 
to the Chairmen of the Education and Appropriations Committees of the 
House of Representatives and Senate. 

(b) When conducting an audit of a public school district, the State 
Auditor shall test to insure correct and appropriate coding at the function 
level. The audit must include a report showing correct and appropriate 
functional level expenditure codes in expenditures by the school district. 
Compliance standards for this audit provision shall be established by the 
Office of the State Auditor. Based upon the audit report, the State Auditor 
shall compile a report on the compliance or noncompliance by all public 
school districts with correct and appropriate coding at the function level, 
which report must be submitted to the Chairmen of the Education and 
Appropriations Committees of the House of Representatives and Senate. 
(4) In the event the State Auditor does not perform the audit examination, 
then the audit report of the school district shall be reviewed by the State 
Auditor for compliance with applicable state laws before final payment is made 
on the audit by the school board. All financial records, books, vouchers, 
cancelled checks and other financial records required by law to be kept and 
maintained in the case of municipalities shall be faithfully kept and main- 
tained in the office of the superintendent of schools under the same provisions 
and penalties provided by law in the case of municipal officials. 

SOURCES: Laws, 1986, ch. 492, § 202; Laws, 1987, ch. 307, § 12; Laws, 1992, ch. 
524, § 3, 1996, ch. 302, § 6; Laws, 1997, ch. 386, § 1; Laws, 2002, ch. 403, § 1; 
Laws, 2005, 5th Ex Sess, ch. 5, § 1; Laws, 2006, ch. 504, § 9; Laws, 2006, ch. 
550, § 2, eff from and after July 1, 2006. 

Joint Legislative Committee Note — Section 9 of ch. 504, Laws of 2006, effective 
from and after July 1, 2006 (approved March 28, 2006), amended this section. Section 
2 of ch. 550, Laws of 2006, effective from and after July 1, 2006 (approved April 20, 
2006), also amended this section. As set out above, this section reflects the language of 
Section 2 of ch. 550, Laws of 2006, pursuant to Section 1-3-79 which provides that 
whenever the same section of law is amended by different bills during the same 
legislative session, and the effective dates of the amendments are the same, the 
amendment with the latest approval date shall supersede all other amendments to the 
same section approved on an earlier date. 

Editor's Note — Section 7-7-2 provides that the words "State Auditor of Public 
Accounts," "State Auditor" and "Auditor" appearing in the laws of this state in 
connection with the performance of Auditor's functions shall mean the State Fiscal 
Officer whenever they appear. 

Section 27-104-6 provides that wherever the term "State Fiscal Officer" appears in 
any law it shall mean "Executive Director of the Department of Finance and Adminis- 
tration". 

Section 37-19-11 referred to in (2)(c) was repealed by Laws, 1997, ch. 612, § 30, eff 
from and after July 1, 2002. 

Amendment Notes — The 2005 amendment, 5th Ex Sess, ch. 5, inserted the 
next-to-last sentence in (2). 

The first 2006 amendment (ch. 504), added (4); redesignated former (4) as present (5), 
and added the last sentence in (5). 

The second 2006 amendment (ch. 550), added (3)(b). 

305 



§ 37-9-19 Education 

Cross References — State Board of Education generally, see §§ 37-1-1 et seq. 

State Department of Education generally, see §§ 37-3-1 et seq. 

Powers and duties of state superintendent of public education, see §§ 37-3-9, 37-3-11. 

Requirement that school activity funds be audited as part of annual audit, see 
§ 37-7-301. 

Allocation of funds from Education Enhancement Fund for classroom supplies, 
instructional materials and equipment, see § 37-61-33. 

Mississippi Education Reform Act of 2006, see §§ 37-161-1 et seq. 

JUDICIAL DECISIONS 

1. Nonrenewal of contract. employment that had already been made 

Financial adviser found that elimina- to the assistant principal even after the 

tion of personnel and positions was re- deadline that would usually apply to 

quired as part of the remedy for the school school employee contract renewal. McK- 

district's deficit. The school district had night v. Mound Bayou Pub. Sch. Dist., 879 

the authority to alter the offer of renewed So. 2d 493 (Miss. Ct. App. 2004). 

ATTORNEY GENERAL OPINIONS 

The statute applies to all remaining 
agricultural high schools. Bryant, October 
30, 1998, A.G. Op. #98-0574. 

§ 37-9-19. Repealed. 

Repealed by Laws, 1986, ch. 492, § 84, eff from and after July 1, 1987. 
[Codes, 1942, § 6328-54; Laws, 1953, Ex Sess, ch. 25, § 4; 1981, ch. 499, 

§ 6] 

Editor's Note — Former § 37-9-19 provided for the selection of superintendents, 
principals, and teachers in line school districts. 

§ 37-9-21. Nepotism in hiring of superintendents, principals 
or licensed employees. 

It shall be illegal for any superintendent, principal or other licensed 
employee to be elected by the school board if such superintendent, principal or 
licensed employee is related within the third degree by blood or marriage 
according to the common law to a majority of the members of the school board. 
No member of the school board shall vote for any person as a superintendent, 
principal or licensed employee who is related to him within the third degree by 
blood or marriage or who is dependent upon him in a financial way. Any 
contract entered into in violation of the provisions of this section shall be null 
and void. 

SOURCES: Codes, 1942, § 6282-23; Laws, 1953, Ex Sess, ch. 20, § 23; Laws, 1986, 
ch. 492, § 69; Laws, 1997, ch. 545, § 9; Laws, 2004, ch. 357, § 2, eff from and 
after July 1, 2004. 



306 



District Personnel § 37-9-23 

ATTORNEY GENERAL OPINIONS 

If an employee is acting in both capaci- Section 37-39-21 for a total coverage of 

ties of principal and purchasing agent, $75,000. Middleton, April 26, 1996, A.G. 

one bond in the amount of $50,000 will not Op. #96-0222. 

suffice. Such an employee must be covered The statute does not apply to a relation- 

for $25,000 for the duties of principal ship between a superintendent and an 

pursuant to Section 37-9-31 and $50,000 employee. Wyly, May 12, 2000, AG. Op. 

for the duties of a purchasing agent under #2000-0216. 

RESEARCH REFERENCES 

ALR. Validity, construction, and effect 22 Am. Jur. PI & Pr Forms (Rev), 

of state constitutional or statutory provi- Schools, Form 73. 

sion regarding nepotism in the public ser- CJS. 78 C.J. S., Schools and School Dis- 

vice. 11 A.L.R.4th 826. tricts § 193. 

Am Jur. 68 Am. Jur. 2d, Schools § 146. 

§ 37-9-23. Form and execution of contracts with superinten- 
dents, principals, licensed employees, and others anticipat- 
ing graduation from approved programs; conditional con- 
tracts. 

The superintendent shall enter into a contract with each assistant 
superinte